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ALBANY 

J.  B.  LYON  COMPANY,  STATE  PKINTERS 

19  10 


STATE  OF  NEW  YORK 


Forest,  Fish  and  Game 
Commission 


JAME5  5.  WHIPPLE,  Commissioner 
J.   DUNCAN    LAWRENCE,    Deputy    Commissioner 


A6RIC.  DEPT.  ^       ,  ^„, 

,   ,  General   Offices 

_        .^^  The  Capitol 

Albany,  N.  Y. 


THE  FOREST,  FISH  AND  GAME  LAW. 


Chapter  24  of  the  Laws  of  1909. 

"AN  ACT  relating  to  the  protection  of  the  forests, 
lish  and  game  of  the  state,  constituting  chapter 
nineteen  of  the  consolidated  laws." 

Became  a  law  February  17,    1909,  with  the  approval  of  ths 
Governor.   Passed,  three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Chapter    Nineteen    of    the    Consolidated    Laws 
FoPEST,  Fish  and  Game  Law. 

PART   I. 

Article     I.  Forest,  fish  and  game' commission  (§§»i- 
8). 

2.  Game  protectors  (§§  11-18). 

3.  Prosecutions    (§§  19-27). 

4.  Private  farks    (§§  28-33). 

5.  Forests  and  public  parks   (§§  34-75). 

PART  II. 

Article     6.  Quadrupeds   (§§  76-86). 

7.  Birds   (§§  87-105). 

8.  Fish,  general  provisions    (§§  106-143). 

9.  Fish,  local  provisions  (§§  144-160). 
10.  Fishways    (§§  161-166). 

301125 


4     /.'\  I  TM  '^FAfe:$KlFish:  aj\d  ^Gnnie  Law. 

Article  ii  Long   Island    (§§  167-182). 

12.  Bureau    and    marine    fisheries    (§§    182*- 

225). 

13.  Definitions,   construction;   laws   repealed; 

effect   (§§  240-244). 

ARTICLE  L 
Forest,    Fish    and    Game    Commission. 

Section  i.  Short  title. 

2.  Forest,  fish  and  game  commission. 

3.  Fish  culturist. 

•4.  Office  and  clerical  force. 

5.  Duties  of  commissioner. 

6.  Power    of    commissioner    to    dispose    of 

game  and  fish  seized. 

7.  Report  to  legislature. 

8.  t  Commission  to  compile  forest,  fish  and 

game  law. 

§  I.  Short  title. —  This  chapter  shall  be  known 
as  the  "  P'orest,  Fish  and  Game  Law." 

§  2.  Forest,   fish  and  game   commission. —  The 

forest,  fish  and  game  commission  shall  consist  of 
ri  single  commissioner  as  now  provided  by  law.  He 
shall  have  all  the  powers  and  duties  formerly  pos- 
sessed by  such  commission  or  any  member  thereof. 
He  shall  be  appointed  by  the  governor  by  and  with 
the  advice  and  consent  of  the  senate.  The  term  of 
office  of  such  commissioner  and  his  successors  in 
office  shall  be  four  years,  and  in  case  of  vacancy  in 
the  office,  the  appointment  shall  be  to  fill  the  va- 

*So  in  original.     See  section  183,  p.  109. 
tSo  in  original.     See  section  8,  p.  7. 


The  Forest,  Fish  and  Game  Law.  5 

cancy.  He  shall  receive  an  annual  salary  of  six 
thousand  dollars  and  the  expenses  necessarily  in- 
curred by  him  in  the  discharge  of  his  official  duties. 
Said  commissioner  shall  appoint  a  deputy  commis- 
sioner who  shall  receive  an  annual  salary  of  three 
thousand  dollars  and  the  expenses  necessarily  in- 
curred by  him  in  the  discharge  of  his  official  duties. 
During  the  absence  or  inability  to  act  of  the  com- 
missioner the  deputy  commissioner  shall  have  and 
exercise  all  the  powers  of  the  commissioner.  The 
commissioner  and  deputy  commissioner  shall  each 
execute  and  file  with  the  comptroller  of  the  state 
a  bond  to  the  people  of  the  state  in  the  sum  of  ten 
thousand  dollars  with  sureties  to  be  approved  by 
the  comptroller,  conditioned  for  the  faithful  per- 
formance of  his  duties  and  to  account  for  and  pay 
over  pursuant  to  law,  all  moneys  received  by  him  in 
his  office.  The  commissioner  and  deputy  commis- 
sioner shall  take  and  subscribe  the  constitutional 
oath  of  office.  The  deputy  commissioner  may  be 
removed  by  the  commissioner  who  may  in  like  man- 
ner appoint  a  successor.  {As  am'd  by  chap.  474, 
Laws  of  1909.) 

§  3.  Fish  culturist. —  The  commissioner  shall 
appoint  a  fish  culturist  who  shall  have  charge  under 
the  direction  of  the  commissioner  of  the  culture  of 
fish  in  the  state.  He  shall  receive  an  annual  salary 
of  three  thousand  dollars,  and  have  his  actual  and 
necessary  traveling  expenses  while  in  the  perform- 
ance of  his  official  duty. 

§  4.  Office  and  clerical  force. —  The  commis- 
sioner shall  have  an  office  in  the  capitol  at  Albany, 
and   may   lease   an   office  in   the   borough   of   Man- 


6  The  Forest,  Fish  and  Game  Law. 

hattan  or  in  the  borough  of  Brooklyn  for  the  sale 
or  lease  of  lands  under  water,  as  provided  by  law. 
The  commissioner  may  appoint  a  general  secretary 
and  a  confidential  secretary,  a  superintendent  of 
forests,  an  assistant  superintendent  of  forests  and 
such  other  clerical  assistants  as  are  actually  needed 
and  fix  their  compensation.  The  superintendent  of 
forests  and  in  his  absence  or  inability  to  act,  the 
assistant  superintendent  of  forests,  shall,  subject  to 
the  direction  of  the  commissior'^r,  have  general 
supervision  of  the  forest  preserve  and  the  forestry 
interests  of  the  state,  and  shall  enforce  all  laws  and 
regulations  for  the  protection  and  preservation  of 
the  forest  preserve,  and  public  parks  described  in 
this  chapter.  The  assistant  superintendent  of  forests, 
when  directed  by  the  commissioner  so  to  do,  shall 
perform  all  acts  required  to  be  performed  by  the 
commissioner  under  sections  sixty-eight,  sixty-nine, 
seventy  and  seventy-one  of  this  chapter.  (^As  am'd 
by  chap.  474,  Laws  of  1909.) 

§  5.  Duties  of  commissioner. —  The  commis- 
sioner shall  have  charge,  control  and  management 
of  the  state  lands  and  forests  in  the  state  forest 
preserve,  parks  and  reservations;  of  the  propagation 
and  distribution  of  food  and  game  fish  and  shell- 
fish to  supply  the  waters  of  the  state;  of  hatching 
stations  owned  or  operated  by  the  state;  of  the  en- 
forcement of  laws  for  the  protection  of  fish  and 
game  and  the  forests ;  of  lands  under  water  which 
have  been  or  shall  be  designated,  surveyed  and 
mapped  out  pursuant  to  law  as  oyster  beds,  and 
power  to  grant  shellfish  leases  or  franchises  on  such 
lands  according  to  law,  and  such  other  powers  and 
duties  as  are  or  may  be  imposed  upon  him  by  law. 


The  Forest,  Fish  and  Game  Law.  7 

i  6.  Power  of  commissioner  to  dispose  of 
game  and  fish  seized. — Whenever  game  animals, 
birds  or  fish  possessed  in  violation  of  the  law  shall 
have  been  seized  and  confiscated  by  the  state,  the 
ccmmissioner  may,  in  his  discretion,  order  that  the 
same  may  be  sold  or  given  away  for  charitable  pur- 
poses, and  the  same  may  be  transported  at  any  time 
for  such  purpose. 

§  7.  Report  to  legislature. — The  commissioner 
shall  annually  report  to  the  legislature  the  proceed- 
ings of  the  commission  for  each  year  ending  Sep- 
tember thirtieth  with  such  recommendations  as  he 
deems  proper.  In  such  report  he  shall  include  a 
detailed  statement  of  the  receipts  and  disbursements 
from  all  sources;  a  brief  description  of  the  land 
purchased  during  the  year  for  the  Adirondack  park, 
and  statistics  of  forest  fires. 

§  8.  Compilation  and  digest  of  forest,  fish  and 
game  law. — As  soon  as  practicable  after  the  ad- 
journment of  the  legislature  in  each  year,  the  forest, 
fish  and  game  commissioner  shall  make  a  compila- 
tion of  the  forest,  fish  and  game  law,  as  amended 
at  the  date  of  such  compilation,  and  properly  index 
the  same.  Thirty  thousand  copies  of  said  compila- 
tion shall  be  printed  in  pamphlet  form  of  pocket  size, 
under  the  direction  of  the  clerks  of  the  senate  and 
assembly,  and  such  clerks  shall  distribute  them  as 
follows:  One  hundred  copies  to  each  senator,  fifty 
copies  to  each  assemblyman,  and  the  balance  to  the 
forest,  fish  and  game  commission  for  distribution. 
The  forest,  fish  and  game  commissioner  shall,  as 
soon  as  practicable  after  the  adjournment  of  the 
legislature   in   each  year,   prepare  a  brief  summary 


8  The  Forest^  Fish  and  Game  Law. 

or  digest  of  the  forest,  fish  and  game  law.  A  suffi- 
cient number  of  copies  of  such  summary  or  digest 
shall  be  printed,  which  the  forest,  fish  and  game 
commissioner  shall  distribute  to  county,  city  and 
town  clerks  to  supply  a  copy  to  each  person  procur- 
ing a  hunting  license,  and  the  balance,  if  any,  shall 
be  distributed  by  the  forest,  fish  and  game  com- 
missioner in  such  manner  as  he  deems  best.  (As 
am'd  by  chap.  533,  Laws  of  1909.) 

ARTICLE   II. 
Game  protectors. 

Section  11.  Game  protectors. 

12.  Game  protectors  to  give  bonds. 

13.  Compensation  of  game  protectors. 

14.  Powers  of  game  protectors. 

15.  Records  and  reports. 

16.  Chief  game  protector's  report. 

17.  Special  game  protectors. 

18.  Sheriffs  and  constables. 

§  II.  Game  protectors. —  The  commissioner 
shall  appoint  ninety  game  protectors.  At  least 
one  shall  reside  in  each  of  the  counties  of  Essex, 
Clinton,  Franklin,  Saint  Lawrence,  Jefferson,  Lewis, 
Herkimer,  Hamilton,  Warren  and  Washington,  and 
the  next  eight  protectors  shall  be  appointed  from 
said  counties.  The  protectors  shall  hold  office  dur- 
ing the  pleasure  of  the  commissioner  and  the  com- 
missioner shall  from  time  to  time  designate  from 
the  protectors  a  chief  game  protector  and  a  first, 
second,  third,  fourth,  and  fifth  assistant  chief  game 
protectors,  four  division  chiefs,  and  a  protector  for 
the  Saint  Lawrence  river.     The  commissioner  may 


The  Forest,  Fish  and  Game  Law.  g 

appoint  two  additional  game  protectors  who  shall 
be  assigned  to  enforce  the  law  for  the  protection 
of  fish  in  Jamaica  bay  and  adjacent  waters  as  pre- 
scribed by  the  forest,  fish  and  game  law,  and  also 
shall  perform  such  duties  as  said  commissioner 
may  direct.  The  chief  game  protector  shall  have 
general  supervision  and  control  of  all  protectors. 
Civil  service  examinations  for  protectors  of  all 
grades  shall  be  confined  to  counties.  (As  am'd  by 
chap.  474,  Laws  of  1909  and  chap.  675,  Laws  of 
1910.) 

§  12.  Game  protectors  to  give  bonds. —  The 
chief  game  protector  shall  give  a  bond  to  the  people 
of  the  state  in  the  sum  of  one  thousand  dollars  con- 
ditioned for  the  faithful  discharge  of  his  duties, 
with  sureties  to  be  approved  by  the  commissioner. 
Every  game  protector  shall  give  a  like  bond  in  the 
sum  of  five  hundred  dollars. 

§  13.  Compensation  of  game  protectors. —  The 

chief  game  protector  shall  receive  an  annual  salary 
of  two  thousand  five  hundred  dollars  a  year  and 
his  actual  and  necessary  expenses  while  in  the  dis- 
charge of  his  official  duties,  not  exceeding  one  thou- 
sand dollars  a  year.  The  first  assistant  chief  pro- 
tector shall  receive  one  thousand  six  hundred  dol- 
lars a  year.  The  chief  protector,  or  the  first  as- 
sistant chief  protector  during  such  time  as  he  shall 
be  required  by  the  commissioner  to  reside  constantly 
in  Albany  shall  receive  an  additional  salary  at  the 
rate  of  fifty  dollars  per  month  together  with  his 
necessary  traveling  and  incidental  expenses  while 
absent  from  the  city  of  Albany  in  the  discharge  of 
his   official   duties.     The  second,  third,  fourth,  and 


10  The  Forest,  Fish  and  Game  Law. 

fifth  assistant  chief  protectors  and  each  division 
chief  protector  shall  each  receive  one  thousand 
two  hundred  dollars  a  year.  Each  assistant  chief 
protector  and  each  division  chief  shall  receive  his 
necessary  traveling  and  incidental  expenses  while 
in  the  discharge  of  their  official  duties  not  exceed- 
ing seven  hundred  and  fifty  dollars  a  year.  Other 
protectors  shall  receive  nine  hundred  dollars  a 
year  and  an  allowance  for  expenses  not  exceeding 
five  hundred  dollars  a  year.  Each  of  the  two  game 
protectors  appointed  to  protect  fish  in  Jamaica  bay 
shall  receive  not  to  exceed  thirteen  hundred  dol- 
lars a  year  and  actual  and  necessary  traveling  and 
incidental  expenses  while  in  the  discharge  of  their 
official  duty,  not  exceeding  four  hundred  and  fifty 
dollars  each  year.  (As  am'd  by  chap,  474,  Laws 
of  1909  and  chap.  657,  Laws  of  1910.) 

§  14.  Powers  of  game  protectors. —  Game  pro- 
tectors shall  enforce  all  laws  relating  to  fish,  birds 
and  game;  all  laws  of  boards  of  supervisors  relat- 
ing to  the  same;  and  shall  have  power  to  execute 
all  warrants  and  search  warrants  issued  for  a  viola- 
tion of  this  chapter;  to  serve  a  summons  issued 
from  justices'  court;  to  serve  subpoenas  issued  for 
the  examination  and  investigation  or  trial  of  offenses 
against  any  of  the  provisions  of  said  law;  to  make 
search  where  they  have  cause  to  believe  that  fish 
or  game  is  possessed  in  violation  of  law,  and  with- 
out search  warrant  to  examine  the  contents  of  any 
boat,  car,  box,  locker,  basket,  creel,  crate,  gamebag 
or  other  package,  and  the  contents  of  any  building 
other  than  a  dwelling  house,  to  ascertain  whether 
any  of  the  provisions  of  this  chapter  or  of  any 
law   for  the  protection  of  fish,  shellfish,  and  game 


The  Forest,  Fish  and  Game  Law.  ii 

have  been  or  are  being  violated,  and  to  use  such 
force  as  may  be  necessary  for  the  purpose  of  such 
examination  and  inspection;  and  with  a  search  war- 
rant to  search  and  examine  the  contents  of  any 
building  or  dwelling  house;  seize  all  game  animals, 
birds  or  fish,  possessed  in  violation  of  law  and  hold 
the  same  subject  to  the  order  of  the  commissioner; 
to  arrest  without  warrant  any  person  committing 
a  misdemeanor  under  the  provisions  of  this  chapter 
in  their  presence,  and  take  such  person  immediately 
before  a  magistrate  having  jurisdiction  for  trial. 
Any  regular  or  special  game  protector,  fire  super- 
intendent or  fire  patrolman  or  inspector  who  shall 
compromise  or  settle  any  violation  of  the  forest, 
fish  and  game  law  out  of  court,  or  without  the  order 
of  the  forest,  fish  and  game  commissioner  shall  be 
guilty  of  a  misdemeanor.  {As  ant'd  by  chap,  474, 
Laws  of  1909.) 

§  15.  Records  and  reports. —  Each  game  pro- 
tector shall  keep  a  daily  record  of  his  official  acts, 
and  at  the  close  of  each  month  report  the  same  to 
the  chief  game  protector.  The  salary  and  travel- 
ing expenses  of  a  protector  shall  not  be  payable 
except  upon  the  certificate  of  the  chief  game  pro- 
tector that  such  protector  has  made  the  required 
report  and  properly  performed  his  duties. 

§  16.  Chief  game  protector's  report. — The  chief 
game  protector  shall  make  a  monthly  report  to  the 
commissioner  of  the  operation  of  his  department 
during  the  preceding  month  and  shall  report  any 
negligence  or  failure  to  perform  duty  on  the  part 
of  any  game  protector,  and  shall  make  such  further 
reports  as  shall  be  required  by  the  commissioner. 


12  The  Forest,  Fish  and  Game  Law. 

§  17.  Special  game  protectors. —  The  commis- 
sioner may  in  his  discretion  .appoint  a  person  rec- 
ommended by  a  majority  of  the  supervisors  of 
any  county  or  by  any  game  club  incorporated  for 
the  protection  of  fish  or  game,  as  special  game  pro- 
tector. Such  special  game  protectors  shall  hold 
office  during  the  pleasure  of  the  commissioner  and 
shall  have  the  same  powers  as  game  protectors  and 
receive  one-half  of  the  fines  and  penalties  less  ex- 
penses, but  shall  not  receive  pay  from  the  state. 
They  shall  make  reports  in  the  same  manner  as 
game  protectors. 

§  18.  Sheriffs  and  constables. —  Peace  officers 
shall  have  the  same  powers  as  game  protectors  under 
this  chapter,  except  the  right  of  search  without  war- 
rant. 

ARTICLE  III. 
Prosecutions. 

Section  19.  Actions  for  penalties  by  the  people. 

20.  Costs  in  actions  by  the  people. 

21.  Proceeds  of  actions  by  the  people. 

22.  Actions  by  private  persons  or  societies. 

23.  Judgments;  how  enforced. 

24.  Criminal  jurisdiction  of  courts. 

25.  Search  warrants;  when  issued. 

26.  Punishment   for  misdemeanor. 

27.  Witnesses   not  excused  from  testifying. 

§  19.    Actions    for   penalties    by    the    people. — 

Except  as  otherwise  provided  in  this  chapter,  actions 
for  penalties  for  a  violation  of  the  forest,  fish  and 
game  provisions  of  this  chapter  shall  be  in  the  name 


The  Forest,  Fish  and  Game  Law.  13 

of  the  people  of  the  state  of  New  York;  and  must 
be  brought  on  the  order  of  the  commissioner.  The 
forest,  fish  and  game  commissioner  may  employ 
necessary  counsel  in  the  office  of  the  forest,  fish  and 
game  commission,  and  may  likewise  designate  and 
appoint  an  attorney  or  attorneys  to  represent  the 
department  in  the  prosecution  or  defense  of  any 
action  or  proceeding  brought  under  the  provision  of 
this  chapter.  They  shall  be  paid  by  the  state  treas- 
urer on  the  warrant  of  the  comptroller  such  com- 
pensation as  shall  be  agreed  upon  by  the  forest,  fish 
and  game  commissioner.  Such  actions  may  be  dis- 
continued by  order  of  the  court  on  the  application 
of  the  commissioner  upon  such  terms  as  the  court 
may  direct.  Such  actions  if  in  justices'  courts,  may 
be  brought  in  any  town  of  the  county  in  which  the 
penalty  is  incurred  or  of  the  county  in  which  the 
defendant  resides. 

§  20.  Costs  in  actions  by  the  people. —  In  case 
of  recovery  of  any  amount  in  an  action  for  a  penalty 
under  this  chapter  or  in  an  action  authorized  by  the 
article  on  forests  and  public  parks,  the  people  shall 
recover  full  costs  as  provided  by  section  thirty-two 
hundred  and  fifty-one  of  the  code  of  civil  procedure, 
together  with  witnesses*  fees  and  other  disburse- 
ments. 

§  21.  Proceeds  of  actions  by  the  people. — 
Moneys  recovered  in  an  action  for  a  penalty,  or  upon 
the  settlement  or  compromise  thereof,  and  fines  for 
violations  of  this  chapter  shall  be  paid  to  the  com- 
missioner who  shall  apply  so  much  thereof  as  may 
be  necessary  to  the  payment  of  the  expenses  of  col- 
lection and  shall  on  the  order  of  the  commissioner 


14  The  Forest,  Fish  and  Game  Lazv. 

pay  one-half  of  the  balance,  in  cases  brought  by 
special  protectors  and  fire  wardens,  to  the  special 
game  protector  or  fire  warden  upon  whose  informa- 
tion the  action  was  brought.  Regular  protectors  shall 
not  receive  moieties. 

§  22.  Actions  by  private  persons  or  societies. 
— A  private  person,  on  giving  security  for  costs  to 
be  approved  by  a  judge  of  the  court  in  which  the 
action  is  brought  and  any  society,  or  corporation 
for  the  protection  of  fish,  birds  and  game,  may  re- 
cover in  his  or  its  name  any  penalty  imposed  by  this 
chapter  for  a  violation  of  the  fish  and  game  pro- 
visions thereof,  and  shall  be  entitled  in  case  of  col- 
lection, to  one-half  of  the  recovery;  the  balance  shall 
be  paid  to  the  commissioner.  Notice  of  the  com- 
mencement of  such  an  action  shall  be  given  to  the 
commissioner  within  fifteen  days  after  the  service 
of  the  summons  therein,  and  failure  to  give  such 
notice  shall  be  a  defense  to  the  action.  If  after 
the  commencement  thereof  an  action  be  brought  for 
the  same  penalty  in  the  name  of  the  people,  an 
order  shall  be  entered  on  the  application  of  the 
commissioner  for  the  discontinuance  of  such  action 
without  cost  to  either  party.  Motion  papers  on  such 
application  shall  be  entitled  in  both  actions. 

§  23.  Judgments;  how  enforced. —  Judgments 
recovered  under  this  chapter  may  be  enforced  by 
execution  against  the  person.  A  person  imprisoned 
upon  such  an  execution  as  provided  by  section  three 
thousand  and  thirty-two  of  the  code  of  civil  pro- 
cedure shall  not  be  admitted  to  the  liberties  of  the 
jail  and  shall  be  confined  for  not  less  than  one  day, 
and  at  the  rate  of  one  day  for  each  dollar  recovered. 


The  Forestj  Fish  and  Game  Law.  15 

No  person  shall  be  imprisoned  more  than  once  or  for 
more  than  six  months  on  the  same  judgment.  Im- 
prisonment shall  not  operate  to  satisfy  a  judgment. 

§  24.  Criminal  jurisdiction  of  courts. —  Courts 
of  special  sessions  and  police  courts  in  towns  and 
villages  and  the  several  courts  of  special  sessions 
and  police  courts  in  cities  shall  in  the  first  instance 
have  exclusive  jurisdiction  of  offenses  committed 
under  this  chapter,  and  the  jurisdiction  of  said 
courts  shall  extend  to  all  such  offenses  committed  in 
the  county  where  the  court  sits.  A  warrant  sliall 
be  returnable  before  the  magistrate  issuing  the  same. 

§  25.  Search  warrants;  when  issued. — Any  jus- 
tice of  the  peace,  police  justice,  county  judge,  judge 
of  the  city  court  or  magistrate  having  criminal  juris- 
diction, shall  if  it  appear  probable  that  fish,  birds 
or  game  taken  or  possessed  contrary  to  the  pro- 
visions of  this  chapter,  is  concealed,  issue  a  search 
warrant  for  the  discovery  thereof,  according  to  the 
practice  provided  in  sections  seven  hundred  and 
ninety-four  to  seven  hundred  and  ninety-seven  in- 
clusive of  the  code  of  criminal  procedure. 

§  26.  Punishment  for  misdemeanor. — A  person 
convicted  of  a  misdemeanor  under  this  chapter  shall, 
except  as  otherwise  provided,  be  punished  by  a  fine 
of  not  less  than  ten  dollars  or  more  than  the  amount 
of  penalty  recoverable  in  a  civil  action  for  the 
offense  committed;  or  by  imprisonment  in  the 
county  jail  or  penitentiary  for  not  less  than  one  day 
or  more  than  one  day  for  every  dollar  of  such 
penalty,  or  by  both  such  fine  and  imprisonment. 


1 6  The  Forest,  Fish  and  Game  Law. 

§  27.  Witnesses  not  excused  from  testifying. — 

No  person  shall  be  excused  from  testifying  in  any 
civil  or  criminal  action  or  proceeding  taken  or  had 
under  this  chapter  upon  the  ground  that  his  testi- 
mony might  tend  to  convict  him  of  a  crime.  But 
no  evidence  derived  from  the  examination  of  such 
person  shall  be  received  against  him  upon  a  crim- 
inal prosecution.  A  person  called  for  the  people  and 
so  testifying  shall  not  thereafter  be  liable  to  indict- 
ment or  conviction  for  the  violation  or  violations 
of  this  chapter  respecting  v^hich  he  has  so  testified, 
and  may  plead  or  prove  the  giving  of  such  testi- 
mony in  bar  of  such  an  indictment  or  conviction. 

ARTICLE  IV. 
Private  parks. 
Section  28.  Laying  out  private  parks. 

29.  Laying  out  private  parks,  continued. 

30.  Notices  in  private  parks. 

31.  Protection  of  private  lands  not  parks. 
S2.  Fish  and  game  protected. 

32-a.  Game  and  bird   refuge. 
S3'  Signs  not  to  be  defaced. 

§  28.  Laying  out  private  parks. — A  private  park 
for  the  propagation  and  protection  of  fish,  birds  or 
game  may  be  established  by  an  owner  or  person 
having  the  exclusive  right  to  hunt  or  fish  on  land  or 
land  and  v^rater,  by  publishing  once  a  week  for  not 
less  than  four  weeks  in  a  newspaper  printed  in  the 
county  where  such  land  or  land  and  water  are  situ- 
ated, a  notice  substantially  describing  the  same  and 
stating  that  it  will  be  used  as  a  private  park  to 
propagate  and  protect  fish,  birds  or  game.  But 
waters   stocked   with   fish  by  the   state  at  any  time 


The  Forest,  Fish  and  Game  Law.  17 

after  April  seventeenth,  eighteen  hundred  and  ninety- 
six,  shall  not  be  laid  out  in  any  such  park.  If 
waters  in  any  such  park  are  hereafter  stocked  by 
the  state  with  the  consent  of  the  owner  the  pro- 
visions of  this  article  shall  no  longer  apply  thereto. 

§  29.  Laying  out  private  parks,  continued. — 
Part  of  a  lake  or  pond  may  be  laid  out  in  a  private 
park,  if  all  riparian  owners,  including  owners  of  the 
bed  thereof,  consent  thereto  in  writing.  If  the  state 
of  New  York  be  such  an  owner  such  consent  may 
be  given  by  the  commissioner. 

§  30.  Notices  in  private  parks. —  Notices  or 
signboards  not  less  than  one  foot  square  warning  all 
persons  against  hunting  or  fishing  or  trespassing 
thereon  for  that  purpose,  shall  be  conspicuously 
posted  and  maintained  on  a  private  park  as  follows : 
If  it  consists  entirely  of  land,  not  more  than  forty 
rods  apart  along  the  entire  boundary  thereof;  if  it 
consists  of  land  and  water,  at  least  one  notice  for 
each  one  hundred  acres  thereof;  if  it  consists  of  a 
lake  or  pond  only,  in  at  least  four  conspicuous  places 
on  or  near  the  shore  thereof;  if  it  consists  of  a 
stream  only,  not  more  than  one-half  mile  apart  on 
the  banks  thereof.  If  a  park  be  fenced,  upon  part 
or  the  whole  of  the  outer  boundary  thereof,  notices 
shall  be  placed  on  or  near  the  fence  not  more  than 
forty  rods  apart.  It  shall  also  be  considered  due 
service  of  notice  for  trespass  upon  any  person  or 
persons,  by  serving  them  personally  in  the  name 
of  the  owner  or  owners  of  such  private  park  with 
a  written  notice  containing  a  brief  description  of  the 
premises,  warning  all  persons  against  hunting  or  fish- 
ing or  trespassing  thereon. 


l8  The  Forest,  Fish  and  Game  Law. 

§  31.  Protection  of  private  lands  not  parks. — 
An  owner  or  person  having  the  exclusive  right  to 
hunt  or  fish  upon  inclosed  or  cultivated  lands,  or  to 
take  fish  in  a  pond  or  stream,  may  maintain  such 
notices  or  signboards  upon  every  fifty  acres  of  the 
premises  sought  to  be  protected  upon  or  near  the 
lot  lines  thereof,  or  if  waters  only,  upon  or  near  the 
shores  thereof  in  at  least  two  conspicuous  places,  or 
may  personally  serve  a  written  notice  in  the  name 
of  such  owner  or  person  containing  a  brief  descrip- 
tion of  the  premises  warning  all  persons  against 
hunting  or  fishing  or  trespassing  thereon  for  that 
purpose. 

§  32.  Fish  and  game  protected. —  No  person 
shall  take  or  disturb  fish,  birds  or  game  on  any  pri- 
vate park  or  private  lands,  or  trespass  thereon  for 
that  purpose,  after  notice  as  prescribed  in  this  chap- 
ter. A  person  who  violates  any  provision  of  this 
article  is  guilty  of  a  misdemeanor,  and  shall  be  sub- 
ject to  exemplary  damages  in  the  sum  of  twenty- 
five  dollars  for  each  offense  or  trespass  to  be  recov- 
ered by  the  owner  of  the  lands,  or  hunting  and  fish- 
ing rights  thereon,  with  costs  of  suit,  in  addition 
to  the  actual  damages,  all  of  which  may  be  recovered 
in  the  same  action.  The  consent  in  writing  of  such 
owner  to  hunt  or  fish  on  said  lands  during  the  open 
season  shall  be  a  defense  to  a  prosecution  under  this 
section. 

§  32-a.  Game  and  bird  refuge. —  The  commis- 
sioner maj%  on  the  request  of  a  majority  of  the 
town  board  of  any  town,  prohibit  or  regulate  the 
taking  of  birds  or  game  on  lands  set  aside  with 
the  consent  of  the  owner  or  owners  thereof  as 


The  Forest,  Fish  and  Game  Lazv.  ig 

bird  and  game  refuges  for  a  period  of  not  to  ex- 
ceed ten  years  from  the  date  set  in  the  applica- 
tion. At  least  thirty  days  before  such  prohibi- 
tion or  regulation  shall  take  effect  a  copy  of  the 
same  shall  be  filed  in  the  office  of  the  clerk  of 
the  town  to  which  the  prohibition  or  regulation 
applies,  and  printed  copies  thereof,  at  least  one 
foot  square,  shall  be  posted  along  the  boundaries 
of  the  land  affected,  not  more  than  fifty  rods 
apart.  Whoever  shall  violate  or  attempt  to  vio- 
late any  such  prohibition  or  regulation  is  guilty 
of  a  misdemeanor  and  in  addition  thereto  shall  be 
liable  to  a  penalty  of  one  hundred  dollars  for 
each  violation.  (Added  by  chap.  657,  Lazvs  of 
1910.) 

§  33.  Signs  not  to  be  defaced. — A  person  who 
injures,  defaces  or  removes  a  notice  or  signboard 
placed  or  maintained  pursuant  to  the  provisions  of 
this  chapter,  is  guilty  of  a  misdemeanor,  and  liable 
to  a  penalty  of  twenty-five  dollars. 

ARTICLE  V. 
Forests  and  public  parks. 

Sectioti  34.  Forest  preserve. 

35.  Adirondack  park. 

36.  Catskill  park. 

37.  Saint  Lawrence  reservation. 

40.  Powers  of  commissioner. 

41.  Right  of  partition. 

42.  Trespass  on  forest  preserve. 

43.  Purchases  in  Adirondack  park. 

44.  Forest  purchasing  board. 


20  The  Forest,  Fish  and  Game  Law. 

Section  45.  Duties. 

46.  May  enter  land. 

47.  State     engineer  and   surveyor  to  make 

description  of  land  appropriated. 

48.  Adjustment  of  claims  for  property  con- 

demned. 

49.  Jurisdiction  of  court  of  claims. 

50.  Owner  may  reserve  timber. 

51.  Reservation  of  timber  restricted. 

52.  Under  reservation  of  timber,  no  damages 

for  land  taken. 

53.  Warrants. 

54.  Adjustment    of    claims    for   trespass    or 

other  injuries. 

55.  Interest. 

56.  Regulations    as   to  cutting  timber. 

57.  Value  of  reserved  timber. 

58.  Appraisers. 

59.  Compensation  of   employees. 

60.  Title  to  lands. 

61.  Costs  and  disbursements. 

62.  Judgments. 

64.  Service  of  notice. 

65.  Court    of   claims    to    examine   property. 

66.  Limitations  on  taking  real  property. 

67.  Chief  fire  warden   and   foresters. 

68.  Fire  patrol  by  railroads. 

69.  Fire   districts   and  fire  patrols. 

70.  Duties  of  superintendents  of  fire. 

71.  Compensation    of    fire    patrolmen     and 

others  employed  at  fires. 
y2.  Railroads  in  forest  lands. 
7S.  Fires  to   clear  land. 

74.  Forest  fires  prohibited. 

75.  Proceeds  of  actions  for  forest  fires. 


The  Forest,  Fish  and  Game  Law.  21 

Section  75-a.  Authority   of    governor   over  forests, 
fish  and  game  of  the  state. 
75-b.  Statistics   of   forest  products. 

§  34.  Forest  preserve. —  The  forest  preserve 
shall  include  the  lands  owned  or  hereafter  acquired 
by  the  state  within  the  county  of  Clinton,  except 
the  towns  of  Altona  and  Dannemora,  and  the  coun- 
ties of  Delaware,  Essex,  Franklin,  Fulton,  Hamilton, 
Herkimer,  Lewis,  Oneida,  Saratoga,  Saint  Lawrence, 
Warren,  Washington,  Greene,  Ulster  and  Sullivan, 
except 

1.  Lands  within  the  limits  of  any  village  or  cit}', 
and 

2.  Lands  not  wild  lands  acquired  by  the  state  on 
foreclosure  of  mortgages  made  to  loan  commis- 
sioners. 

§  35.  Adirondack  park. —  The  Adirondack  park 
si. all  include  all  lands  now  owned  or  hereafter  ac- 
quired by  the  state  within  the  following  bounds,  to 
wit :  Beginning  at  the  southeast  corner  of  the  town 
of  Hope  in  the  county  of  Hamilton,  and  running 
thence  westerly  along  the  southerly  lines  of  Ham- 
ilton county,  and  continuing  and  following  the  south- 
erly line  of  the  town  of  Wilmurt,  in  Herkimer 
county,  to  the  point  of  intersection  with  the  westerly 
line  of  Herkimer  county,  and  thence  northerly  along 
the  westerly  lines  of  Herkimer  county  to  its  junction 
with  the  southwesterly  line  of  Saint  Lawrence 
county ;  thence  westerly  along  said  southwesterly  line 
of  Saint  Lawrence  county  to  the  most  westerly 
corner  of  township  fourteen,  great  tract  three,  Ma- 
comb's purchase ;  thence  easterly  along  the  northerly 
line    of    said    township    fourteen    to    the    northeast 


22  The  Forest,  Fish  and  Game  Law, 

corner  thereof;  thence  northerly  along  the  west  line 
of  township  thirteen,  great  tract  three,  Macomb's 
purchase,  to  the  northwest  corner  of  said  town- 
ship thirteen;  thence  east  along  the  north  line  of 
said  township  thirteen  and  the  south  line  of  town- 
ship ten,  tract  and  purchase  aforesaid,  to  the  south- 
west corner  of  the  southeast  quarter  of  said  town- 
ship ten;  thence  north  along  the  west  line  of  the 
said  southeast  quarter  of  the  aforesaid  township 
ten  to  the  north  line  of  said  township;  thence  east 
along  said  north  line  to  the  west  line  of  township 
seven,  great  tract  two,  Macomb's  purchase;  thence 
northerly  along  the  west  line  of  township  seven 
aforesaid  to  the  northwest  corner  of  the  township; 
thence  easterly  along  the  northerly  lines  of  town- 
ships seven  and  eight,  great  tract  two,  Macomb's 
purchase,  to  the  southwest  corner  of  township 
twelve  of  said  great  tract  two;  thence  northerly 
along  the  west  line  of  township  twelve  to  the  north- 
west corner  of  lot  one  in  the  south  half  of  said 
township ;  thence  easterly  along  the ,  north  line  of 
said  south  half  of  said  township  twelve  to  the  west 
line  of  the  county  of  Franklin;  thence  north  along 
the  west  line  of  the  county  of  Franklin  to  the 
northwest  corner  of  the  south  half  of  township  thir- 
teen of  great  tract  one,  Macomb's  purchase;  thence 
easterly  along  the  northerly  line  of  the  south  half 
of  townships  thirteen,  fourteen  and  fifteen  of  said 
great  tract  one,  Macomb's  purchase,  to  the  west 
line  of  the  old  military  tract;  thence  south  along 
said  west  line  to  the  northwest  corner  of  township 
ten  of  said  old  military  tract;  thence  easterly  along 
the  north  line  of  said  township  ten  to  the  west  line 
of  Clinton  county;  thence  southerly  along  the  west 
line  of   Clinton  county  to  the  north  line  of  Essex 


The  Forest,  Fish  and  Game  Law.  23 

county,;  thence  easterly  along  the  north  line  of  Es- 
sex county  to  the  northeast  corner  of  the  town  of 
Wilmington;  thence  along  the  east  and  easterly  line 
of  the  town  of  Wilmington  to  the  intersection  with 
the  north  line  of  the  town  of  Keene;  thence  east 
to  the  northeast  corner  of  said  town  of  Keene; 
thence  southerly  along  the  easterly  line  of  the  town 
of  Keene  to  the  southeast  corner  thereof;  thence 
easterly  along  the  northerly  line  of  the  town  of 
North  Hudson  to  the  most  northeasterly  corner  of 
the  said  town;  thence  southerly  along  the  easterly 
lines  of  the  town  of  North  Hudson  and  Schroon  to 
the  southeast  corner  of  the  said  town  of  Schroon; 
thence  westerly  along  the  southerly  line  of  the  towns 
of  Schroon  and  Minerva  to  the  northeasterly  corner 
of  Leggett's  survey  of  the  southwest  quarter  of 
township  fourteen  of  Totten  and  Crossfield's  pur- 
chase; thence  southeasterly  along  the  line  of  Leg- 
gett's  survey  to  the  southerly  line  of  said  township 
fourteen;  thence  southwesterly  along  the  line  of 
Leggett's  survey,  being  the  southerly  line  of  said 
township  fourteen,  to  the  most  southerly  corner  of 
said  township;  thence  southeasterly  along  the  east- 
erly line  of  township  thirteen  and  the  westerly  line 
of  township  twelve  to  the  southeasterly  corner  of 
lot  twenty-five  of  township  eleven  of  said  Totten 
and  Crossfield's  purchase;  thence  southwesterly 
along  the  southerly  line  of  lots  twenty-five,  twenty- 
six,  twenty-seven  and  twenty-eight  to  the  south- 
westerly corner  of  said  lot  twenty-eight;  thence 
southeasterly  along  the  easterly  lines  of  lots  forty- 
four,  fifty-three,  sixty-eight,  seventy-seven  and  five 
of  said  township  eleven,  and  of  lots  nine,  twenty- 
one,  thirty,  thirty-seven  and  forty  of  the  gore  be- 
tween  township   eleven   of   Totten   and   Crossfickfs 


24  The  Forest,  Fish  and  Game  Law. 

purchase  and  the  Dartmouth  patent  and  of  lots  five 
of  ranges  six,  seven,  eight,  nine  and  ten  of  the 
Dartmouth  patent  to  the  southeasterly  corner  of  lot 
five  of  said  range  six  of  said  patent  in  Warren 
county;  thence  westerly  along  the  southerly  line  of 
said  range  six  of  said  Dartmouth  patent  to  the 
northeasterly  line  of  Palmer's  purchase;  thence 
southeasterly  along  the  easterly  line  of  said  Pal- 
mer's purchase  to  the  most  easterly  corner  of  the 
middle  division  of  said  purchase;  thence  southwest- 
erly along  the  southerly  line  of  the  said  middle  di- 
vision of  Palmer's  purchase  through  Saratoga  county 
to  the  easterly  boundary  of  the  town  of  Hope  in 
Hamilton  county;  thence  southerly  along  the  east 
line  of  the  town  of  Hope  to  the  place  of  beginning. 
Such  park  shall  forever  be  reserved  and  maintained 
for  the   free  use  of  all  the  people. 

§  36.  Catskill  park. —  The  Catskill  park  shall 
include  all  lands  now  owned  or  hereafter  acquired 
by  the  state  within  the  following  boundaries,  to  wit : 
Beginning  in  Ulster  county  at  the  southeasterly 
corner  of  great  lot  five  of  the  Hardenburg  patent, 
thence  running  northwesterly  along  the  southerly 
boundary  of  said  great  lot  five  through  Sullivan 
county  to  the  east  branch  of  the  Delaware  river  in 
Delaware  county;  thence  along  the  southerly  bank 
of  the  said  east  branch  of  the  Delaware  river  to 
the  Ulster  and  Delaware  railroad  at  the  village  of 
Arkville;  thence  along  the  said  Ulster  and  Dela- 
ware railroad  easterly  to  the  line  between  the 
counties  of  Delaware  and  Ulster;  thence  north- 
easterly along  that  line  to  the  southerly  line  of 
Greene  county;  thence  northwesterly  along  the 
southerly  line  of  Greene  county  to  the  line  between 


The  Forest,  Fish  and  Game  Law.  25 

the  towns  of  Halcott  and  Lexington;  thence  north- 
erly along  the  easterly  line  of  the  town  of  Halcott 
to  the  line  between  great  lots  twenty  and  twenty- 
one  of  the  Hardenburg  patent;  thence  northerly 
along  said  line  to  the  south  bank  of  the  Bataviakill: 
thence  along  the  southerly  bank  of  the  Bataviakill 
easterly  to  the  west  line  of  the  state  land  tract; 
thence  northerly,  easterly  and  southerly  along  th« 
line  of  the  said  state  land  tract  to  the  line  between 
the  towns  of  Cairo  and  Catskill;  thence  southwest- 
erly along  said  town  line  to  the  easterly  line  of  the 
town  of  Hunter;  thence  southerly  along  the  said 
easterly  line  of  the  town  of  Hunter  to  the  line  of 
the  Hardenburg  patent;  thence  easterly,  southerly 
and  westerly  along  the  general  easterly  line  of  the 
Hardenburg  patent  to  the  line  between  the  towns 
of  Olive  and  Rochester  of  Ulster  county;  thence 
easterly  on  said  line  to  the  point  where  the  Met- 
tacahonts  creek  crosses  the  same  flowing  easterly; 
thence  southwesterly  parallel  with  the  northwesterly 
line  of  the  town  of  Rochester  to  the  line  between 
the  towns  of  Rochester  and  Wawarsing;  thence 
westerly  and  southerly  along  the  line  of  the  Har- 
denburg patent  to  the  place  of  beginning.  Such 
park  shall  forever  be  reserved  and  maintained  for 
the  free  use  of  all  the  people. 

§  37.  Saint  Lawrence  reservation. —  All  that 
part  of  the  river  Saint  Lawrence  lying  and  being 
within  the  state,  with  the  islands  therein,  and  all 
that  portion  of  Lake  Ontario  adjacent  to  Jef- 
ferson county,  including  Chaumont  bay,  Griffins 
bay,  Black  River  bay  and  Henderson  bay,  with  the 
islands  therein,  and  such  lands  along  the  shore 
thereof  as  are  now  owned  by  or  shall  hereafter  be 


26  The  Forest,  Fish  and  Gams  Law. 

acquired  by  the  state,  is  continued  as  an  interna- 
tional park  which  shall  be  known  as  the  "  Saint 
Lawrence  Reservation."  {As  am'd  by  chap.  315, 
Laws   of  1910.) 

§  40.  Powers  of  commissioner. —  The  commis- 
sioner shall: 

1.  Have  the  care,  control  and  supervision  of  the 
forest  preserve  and  all  public  parks  described  in 
this  article;  and  make  from  time  to  time  rules  for 
the  use,  care  and  administration  thereof  and  enforce 
the  same;  but  no  such  rule  shall  affect  the  free 
use  of  any  road  or  waterway  as  the  same  may  have 
been  heretofore  lawfully  used,  or  may  be  reasonably 
required  in  the  prosecution  of  lawful  business. 

2.  Lay  out  roads  and  paths  in  such  public  parks 
and  issue  licenses  on  such  terms  as  he  may  impose 
for  guides  or  other  persons  engaged  in  business 
therein. 

3.  Possess  all  the  powers  relating  to  the  forest 
preserve  and  the  Adirondack  park  which  were  vested 
in  the  commissioners  of  the  land  office  and  in  the 
comptroller  on  May  fifteenth,  eighteen  hundred  and 
eighty-five. 

4.  Make  rules  for  the  prevention  of  forest  fires 
and  cause  the  same  to  be  posted  in  all  proper  places 
throughout  the  state. 

5.  Prepare  and  distribute  tracts  giving  informa- 
tion on  the  care  and  renewal  of  private  woodlands, 
ai'd  with  the  approval  of  the  commissioner  of  edu- 
cation and  the  regents  of  the  university,  supply  to 
schools,  academies  and  colleges  the  means  of  in- 
struction in  forestry. 

6.  Said  commissioner  may  and  is  hereby  given  the 
exclusive  power  to  bring,  in  the  name  of  the  people 


The  Forest,  Fish  and  Game  Law.  27 

of  the  state,  any  action  or  special  proceeding  in  a 
court  of  justice  or  before  the  comptroller  of  the 
state  to  set  aside  the  cancellation  of  any  sale  of  land 
for  taxes  or  to  ascertain  and  determine  the  title  to 
lands  in  the  Adirondack  park  or  in  the  forest  pre- 
serve, claimed  by  any  person  or  persons,  association 
or  corporations  adversely  to  the  state,  and,  if  such 
lands  are  held  or  occupied  by  or  under  such  claim- 
ants, to  recover  the  possession  thereof;  and  to  de- 
mand an  accounting  and  recover  damages  for  any 
timber  cut  or  moved  from  any  lands  involved  in 
any  such  action,  and,  if  demanded  in  the  complaint, 
to  recover  triple  damages  therefor;  and  for  such 
purposes  may  bring  any  action  or  special  proceeding 
which  an  owner  of  lands  would  be  entitled  to  bring. 
Said  commissioner  may  make  any  demand,  tender  or 
offer,  before  or  after  commencing  any  action  or 
special  proceeding,  deemed  necessary  or  proper  for 
the  purpose  of  entitling  it  to  enforce  or  defend'  any 
right  or  claim  on  behalf  of  the  state,  and  may,  in 
its  discretion,  settle  and  compromise  any  suits  and 
special  proceedings  authorized  by  this  section  and 
adjust  the  claims  involved  therein.  Said  commis- 
sioner may  and  is  hereby  given  power  to  bring,  in 
the  name  of  the  people  of  the  state,  any  action  or 
proceeding  in  a  court  of  justice  which  an  owner 
of  land  would  be  entitled  to  bring  to  perfect  the 
state's  title  or  record  title  to  land  owned  or 
claimed  by  it  in  the  forest  preserve  counties  of  the 
state,  and  any  other  action  or  special  proceeding 
with  respect  to  such  lands  which  an  owner  of 
lands  would  be  entitled  to  bring.  Said  commis- 
sioner may  employ  attorneys  and  counsel  to  prose- 
cute any  such  action  or  special  proceedings,  or  to 
defend    any    such    action   or    special   proceeding  or 


28  The  Forest,  Fish  and  Game  Law. 

any  action  or  proceeding  brought  against  the  com- 
missioner or  any  of  its  members,  arising  out  of 
their  official  conduct  with  relation  to  the  forest  pre- 
serve. The  compensation  and  disbursements  of  such 
attorneys  and  counsel  shall  be  fixed  by  the  commis- 
sioner. All  such  actions  shall  be  brought  in  the 
county  where  the  lands  are  located,  and  a  prelim- 
inary or  final  injunction  may,  on  application  in  an 
action  brought  under  this  section,  be  granted  re- 
straining any  act  or  trespass,  waste  or  destruction 
upon  any  lands  within  the  Adirondack  park,  or  in 
the  forest  preserve,  claimed  or  owned  by  the  state, 
or  which  may  hereafter  be  acquired  by  the  state. 
(As  am'd  by  chap.  474,  Laws  of  1909  and  chap.  657, 
Laws  of  19 10.) 

§  41.  Right  of  partition. — Whenever  the  state 
owns  an  undivided  interest  in  lands  in  the  forest 
preserve,  or  is  in  possession  of  such  lands  as  joint 
tenant  in  common  with  another  having  a  freehold 
estate  therein,  the  attorney-general  shall,  on  the  re- 
quest of  the  commissioner,  bring  an  action  in  the 
name  of  the  people  for  the  actual  partition  thereof. 
On  the  written  consent  of  the  commissioner  a  co- 
tenant  may  maintain  an  action  for  the  actual  parti- 
tion of  such  land,  making  the  state  a  party  de- 
fendant, and  service  of  process  upon  the  attorney- 
general  shall  be  deemed  service  upon  the  state. 
Lands  shall  not  be  sold  in  such  an  action  nor  shall 
costs  be  allowed  against  the  state.  Actual  partition 
of  such  lands  may  be  made  by  the  commissioner 
subject  to  the  approval  of  the  comptroller  who  may, 
in  the  name  of  the  people,  make  any  conveyance 
necessary  or  proper  in  such  partition.  Such  con- 
veyances shall  be  recorded  in  like  manner  as  con- 
veyances made  by  commissioners  of  the  land  office. 


The  Forest,  Fish  and  Game  Law.  29 

§  42.  Trespass  on  forest  preserve. —  Foresters, 
inspectors,  land  appraisers,  game  protectors  and  fire 
wardens  shall,  upon  the  discovery  of  a  trespass  upon 
the  forest  preserve,  forthwith  report  the  same  in 
writing  to  the  superintendent  of  forests.  They  shall 
have  the  power  to  arrest  without  warrant  any  per- 
son detected  in  trespassing  on  lands  of  the  forest 
preserve,  and  to  take  such  person  immediately  be- 
fore a  magistrate  having  jurisdiction  for  trial;  and 
they  shall  report  such  action  to  the  superintendent 
of  forests.  Actions  may,  on  the  order  of  the  com- 
missioner, be  maintained  in  the  name  of  the  people, 
through  special  counsel,  whose  compensation  shall 
be  fixed  by  the  commissioner,  to  recover  damages 
for  trespass  or  waste  on  lands  in  the  forest  pre- 
serve, or  to  prevent  trespass  or  injury  thereto,  with 
relief  by  temporary  or  final  injunction;  or  to  re- 
cover possession  of  lands  belonging  to  the  state 
within  the  forest  preserve.  Moneys  recovered  in 
such  an  action  shall  be  paid  to  the  commissioner, 
who,  after  paying  the  expenses  of  collection,  shall 
pay  to  the  special  game  protector  or  fire  warden 
upon  whose  information  the  action  was  brought  fifty 
dollars,  or  if  the  net  balance  be  less  than  one  hun- 
dred dollars,  one-half  thereof.  A  person  who  cuts 
or  causes  to  be  cut  or  carries  away  or  causes  to  be 
carried  away  any  tree,  timber,  wood  or  bark  from 
state  lands  in  the  forest  preserve  is  guilty  of  a  mis- 
demeanor if  the  value  thereof  is  less  than  twenty- 
five  dollars;  if  the  value  thereof  is  twenty-five  dol- 
lars or  more  such  person  is  guilty  of  a  felony;  he 
shall  also  be  liable  to  a  penalty  of  ten  dollars  for 
each  tree  cut,  taken  away  or  destroyed.  The  penalty 
so  incurred  may  be  recovered  in  the  action  to  re- 
cover damages  for  trespass  or  in  a  separate  action. 


30        .    The  Forest,  Fish  and  Game  Law. 

§  43.  Purchases  in  Adirondack  park.-  The 
commissioner  may: 

Contract  that  lands  within  the  Adirondack  park 
not  owned  by  the  state  shall,  in  consideration  of 
exemption  from  taxation  for  state  and  county  pur- 
poses, become  pubHc  as  part  of  the  park  in  like 
manner  as  state  lands.  Such  a  contract  must  pro- 
vide against  the  removal  of  live  timber  except 
spruce,  tamarack  or  poplar,  more  than  twelve  inches 
in  diameter  three  feet  from  the  ground,  and  may 
reserve  to  the  owner  the  right  to  clear  not  more 
than  one  acre  within  each  one  hundred  acres  of 
land,  and  may  contain  such  other  reservations  for 
occupancy  as  may  be  agreed  upon.  The  approval  of 
the  commissioners  of  the  land  office  must  appear  on 
any  such  contract  by  the  certificate  of  their  clerk. 
Such  contract  shall  be  recorded  in  like  manner  as 
conveyances  made  by  commissioners  of  the  land 
office. 

§  44.  Forest  purchasing  board. —  The  powers, 
duties  and  functions  formerly  by  law  exercised  by 
and  imposed  on  the  forest  preserve  board  are 
granted  to  and  vested  in  the  forest,  fish  and  game 
commission.  The-  governor  may  in  his  discretion 
from  time  to  time  designate  two  commissioners  of 
the  land  office  who  shall  act  with  the  forest,  fish  and 
game  commissioner  in  acquiring  lands  for  the  state 
under  this  chapter.  If  so  designated  such  commis- 
sioners of  the  land  office  and  the  forest,  fish  and 
game  commissioner  shall  while  such  designations  are 
in  force  constitute  a  board  who  shall  have  the  same 
powers  to  acquire  lands  under  said  chapter  that 
were  formerly  possessed  by  the  forest  preserve 
board.    Lands   shall   not  be   purchased   or  acquired 


The  Forest,  Fish  and  Game  Law.  31 

under  sections  forty-five  to  sixty-six  except  with  the 
consent  of  the  governor. 

§  45.  Duties. —  It  shall  be  the  duty  of  said 
board  and  it  is  hereby  authorized  to  acquire  for  the 
state,  by  purchase  or  otherwise,  land,  structures  or 
waters  or  such  portion  thereof  in  the  territory  em- 
braced in  the  Adirondack  and  Catskill  parks,  as  de- 
fined and  limited  by  this  chapter,  as  it  may  deem 
advisable  for  the  interests  of  the  state. 

§  46.  May  enter  land. —  Said  board  may  enter 
on  and  take  possession  of  any  land,  structures  and 
waters  in  the  territory  embraced  in  the  Adirondack 
and  Catskill  parks,  the  appropriation  of  which  in 
its  judgment  shall  be  necessary  for  the  purposes 
specified  in  section  thirty-five  and  section  thirty- 
six  of  this  chapter  and  in  section  seven  of  article 
seven  of  the  constitution. 

§  47.  State  engineer  and  surveyor  to  make 
description  of  land  appropriated. —  Upon  the  re- 
quest of  said  board  an  accurate  description  of  such 
lands  so  to  be  appropriated  shall  be  made  by  the 
state  engineer  and  surveyor,  and  certified  by  him 
to  be  correct,  and  said  board  or  a  majority  thereof 
shall  indorse  on  such  description  a  certificate  stating 
that  the  lands  described  therein  have  been  appro- 
priated by  the  state  for  the  purpose  of  making 
them  a  part  of  the  Adirondack  or  Catskill  parks; 
and  such  description  and  certificate  shall  be  filed 
in  the  office  of  the  secretary  of  state.  Said  board 
shall  thereupon  serve  on  the  owner  of  any  real 
property  so  appropriated  a  notice  of  the  filing  and 


32  The  Forest,  Fish  and  Game  Law. 

the  date  of  filing  of  such  description  and  contain- 
ing a  general  description  of  the  real  property  be 
longing  to  such  owner  which  has  been  so  ap- 
propriated; and  from  the  time  of  such  service,  the 
entry  upon  and  appropriation  by  the  state  of  the 
real  property  described  in  such  notice  for  the  uses 
and  purposes  above  specified  shall  be  deemed  com- 
plete, and  thereupon  such  property  shall  be  deemed 
and  be  the  property  of  the  state.  Such  notice  shall 
be  conclusive  evidence  of  an  entry  and  appropria- 
tion by  the  state.  Said  board  may  cause  duplicates 
of  such  notice  with  an  af^davit  of  due  service 
thereof  on  such  owner  to  be  recorded  in  the  books 
used  for  recording  deeds  in  the  office  of  the  clerk 
of  any  county  of  this  state  where  any  of  the  prop- 
erty described  therein  may  be  situated,  and  the 
record  of  such  notice  and  of  such  proof  of  service 
shall  be  evidence  of  the  due  service  thereof. 

§  48.  Adjustment  of  claims  for  property  con- 
demned.—  Claims  for  the  value  of  the  property 
taken  and  for  damages  caused  by  any  such  ap- 
propriation may  be  adjusted  by  said  board  if  the 
amount  thereof  can  be  agreed  upon  with  the 
owners  of  the  land  appropriated.  The  board  may 
enter  into  an  agreement  with  the  owner  of  any 
land  so  taken  and  appropriated,  for  the  value 
thereof,  and  for  any  damages  resulting  from  such 
appropriation.  Upon  making  such  agreement  the 
board  shall  deliver  to  the  owner  a  certificate  stat- 
ing the  amount  due  to  him  on  account  of  such 
appropriation  of  his  lands,  and  a  duplicate  of  such 
certificate  shall  also  be  delivered  to  the  comptroller. 
The  amount  so  fixed  shall  be  paid  by  the  treasurer 
upon  the  warrant  of  the  comptroller. 


The  Forest,  Fish  and  Game  Law.  33 

§  49.  Jurisdiction  of  court  of  claims. —  If  said 
board  is  unable  to  agree  with  the  owner  for  the 
value  of  property  so  taken  or  appropriated,  or 
on  the  amount  of  damages  resulting  therefrom, 
such  owner,  within  two  years  after  the  service 
upon  him  of  the  notice  of  appropriation  as  above 
specified,  may  present  to  the  court  of  claims  a  claim 
for  the  value  of  such  land  and  for  such  damages, 
and  the  court  of  claims  shall  have  jurisdiction  to 
hear  and  determine  such  claim  and  render  judg- 
ment thereon.  Upon  filing  in  the  office  of  the 
comptroller  a  certified  copy  of  the  final  judgment 
of  the  court  of  claims,  and  a  certificate  of  the 
attorney-general  that  no  appeal  from  such  judg- 
ment has  been  or  will  be  taken  by  the  state,  or,  if 
an  appeal  has  been  taken,  a  certified  copy  of  the 
final  judgment  of  the  appellate  court,  affirming  in 
whole  or  part  the  judgment  of  the  court  of  claims, 
the  comptroller  shall  issue  his  warrant  for  the  pay- 
ment of  the  amount  due  the  claimant  by  such 
judgment,  with  interest  from  the  date  of  the  judg- 
ment until  the  thirtieth  day  after  the  entry  of  such 
final  judgment,  and  such  amount  shall  be  paid  by 
the  treasurer. 

§  50.  Owner  may  reserve  timber. —  The  owner 
of  land  to  be  taken  under  this  article  may  at  his 
option  within  the  limitations  hereinafter  pre- 
scribed, reserve  the  spruce  timber  thereon  ten 
inches  or  more  in  diameter  at  a  height  of  three 
feet  above  the  ground.  Such  option  must  be 
exercised  within  six  months  after  the  service  upon 
him  of  a  notice  of  the  appropriation  of  such  land 
by  said  board,  by  serving  upon  such  board  a^  writ- 
ten notice  that  he  elects  to  reserve  the  spruce  timber 


34  The  Forest,  Fish  and  Game  Law. 

thereon.  If  such  notice  be  not  served  by  the  owner 
within  the  time  above  specified  he  shall  be  deemed 
to  have  waived  his  right  to  such  reservation  and  such 
timber  shall  thereupon  become  and  be  the  property 
of  the  state.  Land  acquired  by  purchase  may  be 
taken  subject  to  the  reservation  of  the  soft  timber 
thereon  down  to  eight  inches  in  diameter  on  the 
stump  with  the  right  to  remove  the  same,  or  sub- 
ject to  any  lease,  mortgage,  or  other  incumbrance 
not  extending  ten  years  beyond  date  of  purchase 
upon  agreement  between  the  board  and  the  owner. 
The  amount  or  value  of  any  such  lien,  incumbrance 
or  timber  right  upon  land  so  purchased,  shall  be 
deducted  from  the  purchase  price  thereof.  The 
presentation  of  a  claim  to  the  court  of  claims  be- 
fore the  service  of  a  notice  of .  reservation,  shall  be 
deemed  a  waiver  of  the  right  to  such  reservation. 

§  51.  Reservation  of  timber  restricted. —  The 
reservation  of  timber  and  the  manner  of  exercising 
and  consummating  such  right  are  subject  to  the 
following  restrictions,  limitations  and  conditions : 

I.  The  reservation  does  not  include  or  affect  tim- 
ber within  twenty  rods  of  a  lake,  pond  or  river 
and  such  timber  can  not  be  reserved.  Roads  may 
be  cut  or  built  across  or  through  such  reserved 
space  of  twenty  rods  under  the  supervision  of  said 
board  for  the  purpose  of  removing  spruce  timber 
from  adjoining  land,  and  the  reservation  of  spruce 
timber  within  such  space  shall  be  deemed  a  reser- 
vation by  the  owner,  his  assignee  or  representative 
of  the  right  to  cut  other  timber  necessary  in  con- 
structing such  road,  but  such  reservation  does  not 
confer  a  right  -to  remove  such  other  timber  so 
cut,  or  to  use  it  otherwise  than  in  constructing  a 
road. 


The  Forest,  Fish  and  Game  Law.  65 

2.  The  timber  reserved  must  be  removed  from 
the  land  within  ten  years  after  the  service  of  no- 
tice of  reservation  or  the  making  of  an  agreement 
subject  to  the  regulations  to  be  prescribed  by  said 
board;  but  such  land  shall  not  be  cut  over  more 
than  once,  and  said  board  may  prescribe  regulations 
for  the  purpose  of  enforcing  this  limitation.  All 
timber  reserved  and  not  removed  from  the  land 
within  such  time  shall  thereupon  become  and  be 
the  property  of  the  state,  and  all  the  title  or  claim 
thereto  by  the  original  owner,  his  assigns  or  rep- 
resentatives, shall  thereupon  be  deemed  abandoned. 

§  52.  Under  reservation  of  timber,  no  damages 
for  land  taken. — A  person  who  reserves  timber 
as  herein  provided  is  not  entitled  to  any  compen- 
sation for  the  value  of  his  land  purchased  or  taken 
and  appropriated  by  the  state,  or  for  any  damages 
caused  thereby,  until : 

1.  The  timber  so  reserved  is  all  removed  and  the 
object  of  the  reservation  fully  consummated;  or 

2.  The  time  limited  for  the  removal  of  such 
timber  has  fully  lapsed,  or  the  right  to  remove  any 
more  timber  is  waived  by  a  written  instrument  filed 
with  said  board;  and 

3.  Said  board  is  satisfied  that  no  trespass  on 
state  lands  has  been  committed  by  such  owner  or 
his  assigns  or  representatives;  that  no  timber  or 
other  property  of  the  state  not  so  reserved  has 
been  taken,  removed,  destroyed  or  injured  by  him 
or  them,  and  that  a  cause  of  action  in  behalf  of  the 
state  does  not  exist  against  him  or  them  for  any 
alleged  trespass  or  other  injury  to  the  property 
or  interests  of  the  state;  and 


36  The  Forest,  Fish  and  Game  Law. 

4.  That  the  owner,  his  assignee  or  other  repre- 
sentative has  fully  complied  with  all  rules,  regula- 
tions and  requirements  of  said  board  concerning 
the  use  of  streams  or  other  property  of  the  state 
for  the  purpose  of  removing  such  timber.  Pro- 
vided, however,  that  said  board  may  at  any  time 
by  its  certificate  filed  with  the  comptroller  direct 
the  payment  to  the  owner  of  such  land,  his  legal 
representatives  or  assigns,  of  the  compensation 
therefor,  or  a  part  thereof,  at  such  time,  and  upon 
such  conditions  as  may  be  set  forth  in  the  cer- 
tificate. 

§  53.  Warrants. — A  warrant  shall  not  be  drawn 
by  the  comptroller  for  the  amount  of  compensation 
agreed  upon  between  the  owner  and  said  board, 
nor  for  the  amount  of  a  judgment  rendered  by 
the  court  of  claims,  until  a  further  certificate  by 
the  board  is  filed  with  him  to  the  effect  that  the 
owner  has  not  reserved  any  timber  or  that  he,  his 
assignee  or  other  representative  has  complied  with 
the  provisions  of  this  article,  or  has  otherwise  be- 
come entitled  to  receive  the  amount  of  the  pur- 
chase  price,   award  or  judgment. 

§  54.  Adjustment  of  claims  for  trespass  or 
other  injuries. —  Said  board  may  settle  and  ad- 
just any  claims  for  damages  due  to  the  state  on 
account  of  any  trepasses  or  other  injuries  to  prop- 
erty or  interests  of  the  state,  or  penalties  incurred 
by  reason  of  such  trespasses  or  otherwise,  and  the 
amount  of  such  damages  or  penalties  so  adjusted 
shall  be  deducted  from  the  original  compensation 
agreed  to  be  paid  for  the  land,  or  for  damages, 
or    from    a    judgment    rendered    by    the    court    of 


The  Forest,  Fish  and  Game  Law.  37 

claims  on  account  of  the  appropriation  of  such 
land.  A  judgment  recovered  by  the  state  for  such 
a  trespass  or  for  a  penalty  shall  likewise  be  de- 
ducted from  the  amount  of  such  compensation  or 
judgment. 

§  55.  Interest. —  If  timber  is  reserved  upon 
land  purchased  or  appropriated  as  provided  by  this 
article,  interest  is  not  payable  upon  the  purchase 
price  or  the  compensation  which  may  be  awarded 
for  the  value  of  such  land  or  for  damages  caused 
by  such  appropriation,  except  as  provided  in  sec- 
tion  forty-nine. 

§  56.  Regulations  as  to  cutting  timber. —  Per- 
sons entitled  to  cut  and  remove  timber  under  this 
article  may  use  streams  or  other  waters  belonging 
to  the  state  within  the  forest  preserve  for  the 
purpose  of  removing  such  timber,  under  such  regu- 
lations and  conditions  as  may  be  prescribed  or  im- 
posed by  said  board.  The  persons  using  suet 
waters  shall  be  liable  for  all  damages  caused  by 
such  use.  Every  person  who  shall,  within  the 
forest  preserve  counties  of  the  state,  cut  or  cause 
to  be  cut,  or  allow  to  be  cut  any  coniferous  trees 
for  sale  or  other  purposes,  shall  cut  off  or  lop  or 
cause  to  be  cut  off  or  lopped  from  the  said  trees,  aV 
the  time  of  cutting  the  said  trees,  all  the  limbs  01 
branches  thereof,  unless  the  said  trees  be  cut  for  sale 
and  use  with  the  branches  thereon,  or  for  use  witl/ 
the  branches  thereon.  Any  person  violating  the  pro- 
visions of  this  section  shall  be  guilty  of  a  misde- 
meanor and  shall,  upon  conviction,  be  fined  not 
more  than  twenty-five  dollars  or  shall  be  imprisoned. 
for   not   more  than  thirty   days,  or   both,   for   eacjj 


3S  The  Forest,  Fish  and  Game  Law. 

offense,  and  in  addition  thereto  shall  be  liable  to  a 
penalty  of  two  dollars  for  each  and  every  coniferous 
tree  felled  from  which  he  shall  neglect  to  cut  or 
lop  off  the  branches.  {As  am'd  by  chap.  474,  Laws 
^f  1909.) 

e 

I  57.  Value  of  reserved  timber. —  If  timber  be 
reserved,  its  value  at  the  time  of  making  an 
agreement  between  the  owner  and  said  board  for 
the  value  of  the  land  so  appropriated  and  the 
damages  caused  thereby,  or  at  the  time  of  the 
presentation  to  the  court  of  claims  of  a  claim  for 
such  value  and  damages,  shall  be  taken  into  con- 
sideration in  determining  the  compensation  to  be 
awarded  to  the  owner  on  account  of  such  appro- 
priation  either  by  such  agreement  or  by  the  judg- 
ment rendered  upon  such  a  claim. 

§  58.  Appraisers. —  Said  board  may  appoint  ap- 
praisers to  examine  the  lands  offered  for  sale  to 
the  state  and  ascertain  the  value  of  such  lands  and 
the  timber  thereon,  and  report  to  the  board. 

§  59.  Compensation  of  employees. —  Said  board 
shall  fix  the  compensation  of  all  clerks,  appraisers 
or  their  assistants  employed  by  it,  which  compen- 
sation shall  be  paid  by  the  treasurer,  upon  the 
certificate  of  the  board  and  the  audit  and  warrant 
of  the  comptroller.  A  person  so  appointed  may 
be  removed  at  the  pleasure  of  the  board. 

§  60.  Title  to  lands. —  Said  board  shall  take 
such  measures  as  may  be  necessary  or  proper  to 
perfect  the  title  to  any  lands  in  the  forest  preserve 
now   held  by  the  state,  and  for  that  purpose  may 


The  Forest,  Fish  and  Game  Law.  39 

pay  and  discharge  any  valid  lien  or  incumbrance 
upon  such  land,  or  may  acquire  any  outstanding  or 
apparent  right,  title,  claim  or  interest  which,  in  its 
judgment,  constitutes  a  cloud  on  such  title.  The 
amounts  necessary  for  the  purposes  of  this  section 
shall  be  paid  by  the  treasurer  upon  the  certificate 
of  the  board  and  the  audit  and  warrant  of  the 
comptroller  together  with  the  expenses  of  such 
examination. 

§  61.  Costs  and  disbursements. —  If  an  offer  is 
made  by  said  board  for  the  value  of  land  appro- 
priated, or  for  damages  caused  by  such  appropria- 
tion, and  such  offer  is  not  accepted,  and  the  re- 
covery in  the  court  of  claims  exceeds  the  offer, 
the  claimant  is  entitled  to  costs  and  disbursements 
as  in  an  action  in  the  supreme  court,  which  shall 
be  allowed  and  taxed  by  the  court  of  claims  and 
included  in  its  judgment.  If  in  such  a  case  the 
recovery  in  the  court  of  claims  does  not  exceed  the 
offer,  costs  and  disbursements  to  be  taxed  shall  be 
awarded  in  favor  of  the  state  against  the  claimant 
and  deducted  from  the  amount  awarded  to  him,  or 
if  no  amount  is  awarded  judgment  shall  be  entered 
in  favor  of  the  state  against  the  claimant  for  such 
costs  and  disbursements.  If  an  offer  is  not  ac- 
cepted, it  can  not  be  given  in  evidence  on  the  trial. 

§  62.  Judgments. — When  a  judgment  for  dam- 
ages is  rendered  for  the  appropriation  of  any  lands 
or  waters  for  the  purposes  specified  in  this  article, 
and  it  appears  that  there  is  any  lien  or  incumbrance 
upon  the  property  so  appropriated,  the  amount  of 
such  lien  shall  be  stated  in  the  judgment,  and  the 
comptroller    may    deposit    the    amount    awarded    to 


'40  The  Forest,  Fish  and  Game  Law. 

the  claimant  in  any  bank  in  which  moneys  belong- 
ing to  the  state  may  be  deposited,  to  the  account 
of  such  judgment,  to  be  paid  and  distributed  to  the 
persons  entitled  to  the  same  as  directed  by  the 
judgment. 

§  64.  Service  of  notice. —  Service  of  a  notice  by 
said  board  under  section  forty-seven  must  be  per- 
sonal if  the  person  to  be  served  can  be  found  in 
the  state.  The  provisions  of  the  code  of  civil  pro- 
cedure relating  to  the  service  of  a  summons  in  an 
action  in  the  supreme  court,  except  as  to  publica- 
tion, apply,  so  far  as  practicable,  to  the  service  of 
such  a  notice.  If  a  person  to  be  served  can  not 
with  due  diligence  be  found  in  the  state,  a  justice 
of  the  supreme  court  may,  by  order,  direct  the 
manner  of  such  service,  and  service  shall  be  made 
accordingly. 

§  65.  Court  of  claims  to  examine  property. — 
The  court  of  claims,  if  requested  by  the  claimant 
or  the  attorney-general,  shall  examine  the  real  prop- 
erty affected  by  the  claim  of  damages  for  the  ap- 
propriation thereof  and  take  the  testimony  in  rela- 
tion thereto  in  the  county  where  such  property  or 
a  part  thereof  is  situated.  The  actual  and  necessary 
expenses  of  each  judge  and  of  each  officer  of  the 
court  in  making  such  examination  and  in  so  taking 
testimony  shall  be  audited  by  the  comptroller  and 
paid  from  the  money  appropriated  for  the  purposes 
of  this  article. 


§  66.  Limitations  on  taking  real  property. — 
The  power  to  appropriate  real  property,  vested  in 
said  board  by  section  forty-seven,  is  subject  to  the 


m 


The  Forest,  Fish  and  Game  Law.  41 

following  limitations :  Such  real  property  must  ad- 
join land  already  owned  or  appropriated  by  the 
state  at  the  time  the  description  and  certificate  are 
filed  in  the  office  of  the  secretary  of  state,  except 
that  timber  land  not  so  adjoining  state  land  may  be 
appropriated  whenever  in  the  judgment  of  the  board 
timber  thereon  other  than  spruce,  pine  or  hemlock 
is  being  cut  or  removed  to  the  detriment  of  the 
forest,  or  the  interests  of  the  state. 

§  67.  Auditor  of  fire  accounts  and  fire  inspec- 
tors.— The  commissioner  may  appoint  an  auditor 
of  fire  bills  and  accounts,  who  shall  receive  an  an- 
nual salary  of  eighteen  hundred  dollars  a  year  and 
his  necessary  traveling  expenses,  and  who  shall  audit 
fire  bills  when  reported  to  the  commissioner,  as 
hereinafter  provided,  and  perform  such  other  acts 
as  the  commissioner  may  from  time  to  time  direct. 
Ihe  person  now  chief  fire  warden  is  hereby  trans- 
ferred to  the  position  of  auditor  of  fire  accounts. 
The  commissioner  may  also  appoint  fire  inspectors, 
at  least  four  of  whom  may,  during  seasons  of  the 
year  when  forest  fires  occur,  serve  along  lines  of 
steam  railroads  in  the  forest  preserve  counties  of 
the  Adirondacks.  They  shall  inspect  such  railroads 
and  the  engines  thereon,  reporting  to  the  commis- 
sioner, the  condition  thereof  for  the  purposes  of 
fire  prevention,  and  perform  such  other  duties  in 
preventing  forest  fires  and  protecting  the  forest  and 
reforestation  as  the  superintendent  of  forests  or  the 
commissioner  shall  direct.  They  shall  also  have  the 
powers  of  game  protectors,  and  shall  each  receive  an 
annual  salary  of  nine  hundred  dollars  and  an  allow- 
ance for  expenses  not  exceeding  five  hundred  dollars. 
{As  am'd  hy  chap.  474,  Laws  of  1909.) 


42  The  Forest,  Fish  and  Game  Law. 

§  68.  Fire  patrol  by  railroads. — All  railroads 
operated  through  forests  in  the  forest  preserve  coun- 
ties of  the  state  shall  at  their  own  expense  organize 
and  maintain  a  competent  and  efficient  fire  patrol 
to  protect  the  forests  from  fires  which  may  be  set 
or  occur  by  sparks  or  coals  from  railroad  engines 
upon  or  adjacent  to  the  rights  of  way  or  lands  of 
such  railroads,  and  unless  otherwise  directed  by  the 
commissioner  such  patrol  shall  be  maintained  con- 
tinuously from  April  first  to  November  first  of  each 
year.  If  such  railroads  do  not  organize  and  main- 
tain such  fire  patrols,  or  if  in  the  judgment  of  the 
commissioner  they  do  not  organize  and  maintain 
fire  patrols  which  are  adequate  and  sufficient  to  pro- 
tect and  save  the  forests  from  fires  which  may  be 
set  or  occur  upon  or  adjacent  to  rights  of  way 
or  lands  of  such  railroads,  then  the  commissioner 
shall  organize  and  maintain  such  fire  patrol  in  such 
manner  and  under  such  rules  and  regulations  as  he 
shall  from  time  to  time  deem  proper.  Game  pro- 
tectors may,  so  far  as  public  interest  will  permit,  be 
detailed  by  the  commissioner  to  act  as  such  patrols. 
The  persons  placed  upon  patrol  of  railroad  lines 
and  lands  and  railroad  rights  of  way,  and  lands 
and  ways  adjacent  thereto,  as  herein  provided,  shall 
be  transported  without  charge  from  point  to  point, 
as  their  duties  shall  require,,  by  the  railroads  along 
whose  lines  such  fire  patrol  is  being  maintained. 
The  commissioner  shall  keep,  or  cause  to  be  kept, 
an  account  of  the  cost  of  organizing  and  maintain- 
ing such  fire  patrol  along  the  line  of  any  such  rail- 
road, including  therein  the  salaries,  expenses  and 
wages  of  public  officers  or  employees  engaged  in 
organizing  and  maintaining  such  fire  patrol,  and 
the  total  cost  thereof  shall  be  paid  to  the  commis- 


The  Forest,  Fish  and  Game  Law.  43 

sioner  by  the  railroad  along  whose  line  or  lands 
or  rights  of  way  such  patrol  is  maintained,  such  pay- 
ment to  be  made  on  the  first  day  of  December  of 
each  year.  Any  person  employed  upon  fire  patrol 
of  such  railroads  shall  immediately  report  to  the 
commissioner,  upon  blanks  to  be  furnished  by  him, 
every  fire  started  upon  the  line  of  the  railroad  or 
ways  or  lands  adjacent  thereto,  within  his  line  of 
patrol,  which  runs  off  the  railroad's  right  of  way 
or  lands  to  other  lands,  setting  forth  the  origin 
of  such  fire  and  the  quantity  and  quality  of  the 
land  burned  over,  and  if  the  fire  was  started  by  a 
locomotive  he  shall  give  the  number  thereof.  Such 
report  shall  be  verified  by  the  person  making  it  and 
if  he  be  unable  to  state  or  ascertain  the  origin  of 
such  fire  he  shall  in  his  report  make  oath  of  such 
fact.  Any  person  so  employed  who  fails  to  make 
such  report  immediately  shall  be  liable  to  a  penalty 
of  twenty-five  dollars,  and  if  he  make  a  false  report 
he  shall  be  guilty  of  a  felony  and  be  punishable 
therefor.  {As  am'd  by  chap.  474,  Laws  of  1909.) 

§  69.  Fire  districts  and  fire  patrols. —  For  the 
prevention  and  fighting  of  forest  fires,  the  commis- 
sioner shall,  from  time  to  time,  make  and  enforce 
such  rules  and  regulations  as  may  be  necessary  and 
proper  for  the  government  and  direction  of  the  fire 
patrol  system  provided  for  in  this  act.  Within  sixty 
days  after  this  act  shall  take  effect  the  commissioner 
shall  divide  lands  which  are  in  the  forest  preserve 
counties  of  the  state  into  suitable  and  convenient  fire 
districts  not  exceeding  five  in  number;  he  may  im- 
mediately thereafter,  for  each  such  fire  district,  ap- 
point a  superintendent  of  fires  who  shall  act  during 
the  pleasure  of  the  commissioner  at  an  annual  salary 


44  ^^^^  Forest,  Fish  and  Game  Law. 

of  fifteen  hundred  dollars  and  necessary  traveling 
expenses.  The  commissioner  may  from  time  to  time 
transfer  such  superintendents  from  one  fire  district 
to  another.  In  every  town  the  supervisor  shall  be  a 
member  of  the  fire  patrol  by  virtue  of  his  office,  and 
shall  at  all  times  co-operate  with  and  carry  out  the 
directions,  rules  and  regulations  of  the  commis- 
sioner in  preventing  and  fighting  forest  fires.  If 
the  supervisor  be  absent  when  the  fire  occurs  the 
commissioner  or  any  superintendent  of  fires  may  call 
upon  and  compel  any  member  of  the  town  board  of 
the  supervisor's  town  to  act  in  place  of  and  for 
such  absent  supervisor.  The  commissioner  may  for- 
mulate and  enforce  rules  and  regulations  for  the 
organization  and  maintenance  of  local  fire  companies 
to  prevent  and  fight  forest  fires  in  the  forest  pre- 
serve counties  of  the  state,  and  he  may  engage  such 
men  for  that  purpose  as  may  be  necessary.  He 
shall,  when  necessary,  provide  all  proper  fire-preven- 
tion and  fire-fighting  apparatus  and  establish  obser- 
vation stations  and  employ  men  to  attend  them.  He 
shall  also,  when  necessary,  provide  fire  signals  and 
adopt  a  fire  signal  code  for  use  therewith,  and  pro- 
vide such  other  means  of  communication  as  shall 
be  necessary  in  the  public  interest  to  prevent  and 
fight  forest  fires.  He  may  cause  trails  to  be  cut, 
ditches  to  be  dug  and  barriers  to  be  erected  in  the 
forest  of  such  forest  preserve  counties  as  may,  in 
hi^-  judgment,  be  necessary  to  enable  all  persons 
quickly  to  reach  the  location  of  fires  and  to  pre- 
vent and  fight  the  fires.  (^As  am'd  by  chap.  474,  Laws 
of  1909  and  chap.  6^7,  Laws  of  1910.) 

§  70.   Duties   of  superintendents   of  fire. —  Un- 
der the  directions  of  the  commissioner  the  superin- 


The  Forest,  Fish  and  Game  Law.  45 

tendents  of  fire  are  charged  with  preventing  and  ex- 
tinguishing forest  fires  in  their  respective  fire  dis- 
tricts and  the  performance  of  such  other  acts  as 
may  be  required  by  the  commissioner.  With  the 
approval  of  the  commissioner  each  superintendent 
of  fire  shall  divide  his  fire  district  into  separate  fire 
patrol  districts  and  subdivide  them  from  time  to  time 
as  the  public  interest  requires.  During  seasons  of 
drought,  or  during  other  times  when  forest  fires 
are  liable  to  be  set  or  spread,  or  at  any  time  when 
fires  threaten  the  forests,  the  superintendent  for 
each  fire  district,  upon  obtaining  the  approval  of 
the  commissioner  therefor,  shall  employ  a  suitable 
person  to  be  known  as  a  fire  patrolman  permanently 
to  remain  upon  and  patrol  one  or  more  of  such  fire 
patrol  districts  as  long  as  may  be  required,  and  to 
prevent  and  extinguish  any  fires  which  may  be 
started  thereon.  Each  such  fire  patrolman  so  em- 
ployed shall  be  supplied  with  necessary  tents  or 
camps,  fire-fighting  implements,  food  and  cooking 
utensils.  All  fire  patrolmen  so  employed  shall  be 
furnished  with  a  copy  of  the  rules  and  regulations 
adopted  by  the  commissioner  for  preventing  and 
fighting  forest  fires,  and  shall  at  all  times  strictly 
observe  and  comply  with  these  rules  and  regula- 
tions. When  forest  fires  are  actually  burning  or 
threatening  to  burn,  the  commissioner,  and  in  and 
during  his  absence,  the  superintendents  of  fires  may 
employ  a  foreman  to  direct  the  work  of  each  crew 
of  men  who  are  actually  engaged  in  fighting  forest 
fires.  The  commissioner  and  the  superintendents  of 
fires,  and  if  they  are  absent  and  fires  are  actually 
burning  in  the  forest,  the  fire  patrolmen  and  super- 
visors may  hire  horses  and  incur  other  necessary 
expenses  and  summon  any  male  person  of  the  age 


46  The  Forest,  Fish  and  Game  Law, 

of  eighteen  years  and  upwards  to  assist  in  stopping 
and  putting  out  fires.  Any  person  summoned  who 
is  physically  able  and  refuses  to  assist,  shall  be 
liable  to  a  penalty  of  twenty  dollars.  An  action  for 
trespass  shall  not  lie  against  persons  crossing  or 
working  upon  lands  of  another  to  prevent  or  fight 
fire^.  The  superintendents  of  fires  and  fire  patrol- 
men are  hereby  vested  with  all  the  powers  of  game 
protectors  as  defined  by  section  fourteen,  article  two, 
part  one  hereof,  and  game  protectors  may  be  ap- 
pointed as  superintendents  of  fire  or  fire  patrolmen. 
Each  fire  patrolman  shall  make  a  report  to  the 
superintendent  of  fires  of  the  district  in  which  he  is 
employed,  of  every  fire  which  is  started  or  burns 
upon  his  fire  patrol  district,  stating  the  cause  or 
source  of  such  fire,  the  amount  and  quality  of  the 
land  burned  over  and  the  means  used  for  fighting  the 
fire.  The  superintendents  of  fires  shall  transmit  all 
such  reports  to  the  commissioner,  and  shall  also  re- 
port all  other  fires  of  which  they  have  personal 
knowledge,  giving  the  particulars  thereof  as  is  re- 
quired from  the  fire  patrolmen.  All  men  employed 
under  the  provisions  of  sections  sixty-eight,  sixty- 
nine  and  seventy  of  this  article  shall  as  emergency 
employees  be  exempt  from  the  provisions  of  +he 
civil  service  laws  of  this  state.  (As  am'd  by  chap. 
474,  Laws  of  1909.) 

§  71.  Compensation  of  fire  patrolmen  and 
others  employed  at  fires. —  Fire  patrolmen  shall 
be  paid  for  the  time  they  are  actually  employed 
on  patrol  duty  at  a  compensation  fixed  by  the  com- 
missioner, which  shall  not  exceed  the  rate  of 
seventy-five  dollars  per  month  for  the  number  of 
days  while  actually  employed.     If  a  patrolman  fails 


The  Forest,  Fish  and  Game  Law.  47 

to  remain  continuously  upon  and  patrol  the  fire 
patrol  district  allotted  to  him  or  is  negligent  in 
performing  his  duties  upon  such  patrol  the  com- 
missioner may  as  a  penalty  therefor  reduce  the 
compensation  of  the  patrolman  by  one-half.  All 
costs  and  expenses  incurred  by  the  commissioner 
and  his  appointees,  including  patrolmen,  and  au- 
thorized by  the  foregoing  sections  numbered  sixty- 
nine  and  seventy,  shall  be  and  are  hereby  made  a 
state  charge,  and  shall  be  paid  by  the  state  on  the 
approval  of  the  commissioner,  except  the  wages 
and  expenses  and  keeping  of  supervisors  and  men 
summoned  or  employed  to  fight  forest  fires  actually 
burning  which  shall  be  paid  as  hereinafter  pro- 
vided. The  wages  and  expenses  and  keeping  of 
supervisors  and  men  summoned  or  employed  to 
fight  forest  fires  actually  burning  shall  be  fixed  and 
paid  for  by  the  commissioner,  and  the  labor 
reckoned  and  paid  for  by  the  hours  of  labor  per- 
formed, which  shall  not  exceed  the  rate  of  fifteen 
cents  for  each  hour  employed.  The  commissioner 
shall  keep,  or  cause  to  be  kept,  an  accurate  account 
of  the  wages  of  men  so  employed  and  the  expenses 
and  the  keeping  of  the  men  and  pay  the  same;  one- 
half  the  expense  thereof  shall  be  a  charge  upon  and 
shall  be  paid  by  the  state,  and  one-half  thereof  a 
charge  upon  and  shall  be  paid  by  the  town  in  which 
the  men  so  employed  were  actually  engaged  in 
fighting  fires.  On  or  before  November  tenth  of 
each  year  the  commissioner  shall  transmit  to  the 
county  clerk  of  each  of  the  forest  preserve  counties 
in  which  a  forest  fire  has  occurred  during  the  cur- 
rent year  a  summary  statement  of  the  amount  due 
the  state  on  account  of  such  fires  from  any  town 
or   towns  in   said  county.     The   county   clerk  shall 


48  The  Forest,  Fish  and  Game  Law. 

immediately  deliver  such  statement  to  the  board 
of  supervisors  of  said  county  who  shall  thereupon 
levy  the  amount  due  from  each  such  town  to  the 
state  upon  the  taxable  property  of  such  town  by 
including  the  amount  thereof  in  the  sums  to  be 
raised  and  collected  in  the  next  levy  and  assess- 
ment of  taxes  therein,  and  shall  be  collected  as 
other  town  charges  are  collected  and  by  the  towns 
paid  over  to  the  commissioner  on  or  before  May 
first  following  the  levy  thereof.  If  any  person 
incurs  expense  in  preventing  or  fighting  forest 
fires,  the  commissioner  may  upon  satisfactory  proof 
thereof  being  made  to  him  audit  and  pay  the  whole 
or  any  part  thereof  as  the  public  interest  requires 
and  half  to  be  rebated  by  the  town  as  hereinafter 
provided.     {As  am'd  by  chap.  474,  Laws  of  1909.) 

§  72.  Railroads  in  forest  lands. —  Every  rail- 
road company  shall,  on  such  part  of  its  road  as 
passes  through  forest  lands  or  lands  subject  to  fires 
from  any  cause,  cut  and  remove  from  its  right  of 
way  along  such  lands,  at  least  twice  a  year,  all 
grass,  brush  or  other  inflammable  materials.  Where 
the  railroad  runs  through  forest  lands  in  counties 
containing  part  of  the  forest  preserve,  it  shall  so 
cut  and  remove  the  same  from  its  right  of  way 
whenever  required  by  the  commissioner;  employ  in 
seasons  of  drought  and  before  vegetation  has  re- 
vived in  the  spring,  sufficient  trackmen  to  promptly 
put  out  fires  on  its  right  of  way;  provide  locomo- 
tives thereon  with  netting  of  steel  or  iron  wire  so 
constructed  as  to  give  the  best  practicable  protec- 
tion against  the  escape  of  fire  and  sparks  from  the 
smoke  stacks  thereof  and  adequate  devices  to  pre- 
vent the  escape  of  fire  from  ash  pans  and  furnaces 


The  Forest,  Fish  and  Game  Law,  49 

which  shall  be  used  on  such  locomotives.  The 
public  service  commission  must  upon  the  request 
of  the  forest,  fish  and  game  commissioner,  and  on 
notice  to  the  person  or  companies  affected,  require 
any  person,  railroad  or  other  company  having  a 
railroad  running  through  forest  lands  in  counties 
containing  parts  of  the  forest  preserve,  to  adopt 
such  devices  and  precautions  against  setting  fire 
upon  its  line  in  such  forest  lands  as  the  public 
interest  requires.  No  railroad  company  or  em- 
ployee thereof  shall  deposit  fire  coals  or  ashes  on 
its  track  or  right  of  way  near  such  lands.  In  case 
of  fire  on  its  own  or  neighboring  lands,  the  rail- 
road company  shall  use  all  practicable  means  to 
put  it  out.  Engineers,  conductors  or  trainmen 
discovering  or  knowing  of  fires  in  fences  or  other 
material  along  or  near  the  right  of  way  of  the 
railroad  in  such  lands,  shall  report  the  same  at  the 
first  station  to  the  station  agent,  and  such  station 
agent  shall  forthwith  notify  the  nearest  fire  warden 
or  game  protector  thereof,  and  use  all  .necessary 
means  to  extinguish  the  same.  Any  person,  rail- 
road or  other  company  failing  or  neglecting  to 
comply  with  any  of  the  provisions  of  this  section, 
or  any  order  of  the  public  service  commission  made 
pursuant  to  the  provisions  of  this  section,  shall  be 
liable  to  a  penalty  of  one  hundred  dollars  for  each 
day  that  it  continues  a  violation  thereof,  and  any 
officer  or  employee  of  a  railroad  or  other  company, 
violating  any  provisions  of  this  section  or  neglect- 
ing to  comply  with  any  requirement  of  the  public 
service  commission  duly  ordered,  shall  be  liable  to 
a  penalty  of  one  hundred  dollars  for  every  such 
violation.    The  supreme  court  may  on  notice  to  the 


50  The  Forest,  Fish  and  Game  Law. 

persons  or  corporations  affected  enforce  compliance 
with  any  such  order  of  the  public  service  com- 
mission.    (As  am*d  by  chap.  476,  Laws  of  1910.) 

§  73.  Fires  to  clear  land. —  Fallows,  stumps, 
logs,  brush,  dry  grass  or  fallen  timber  shall  not  be 
burned  in  the  territory  hereinafter  described  from 
April  twenty-first  to  May  thirty-first,  both  in- 
clusive, or  from  September  sixteenth  to  Novem- 
ber tenth,  both  inclusive.  From  June  first  to 
September  fifteenth,  both  inclusive,  such  fires 
may  be  set  therein  if  written  permission  of  the 
superintendents,  fire  patrol  or  supervisor  of  the 
town  or  district  in  which  the  fire  is  set  has 
been  first  obtained.  If  in  a  locality  near  forest 
or  woodland,  the  superintendents,  fire  patrol  or 
supervisor  shall  be  personally  present  when 
the  fire  is  started.  Such  fires  shall  not  be 
started  during  a  heavy  wind  or  without  sufficient 
help  present  to  control  the  same,  and  the  same 
shall  be  watched  by  the  person  setting  the  fire  until 
put  out.  Any  person  violating  any  provisions  o-f 
this  section  is  guilty  of  a  misdemeanor,  and  in 
addition  thereto  is  liable  to  a  penalty  of  not  less 
than  fifty  dollars  nor  more  than  three  hundred 
dollars.  This  section  applies  to  Hamilton  county; 
to  the  towns  of  Altona,  Au  Sable,  Black  Brook, 
Dannemora,  Ellenburg  and  Saranac,  Clinton 
county;  to  the  towns  of  Andes,  Colchester,  Han- 
cock and  Middletown,  Delaware  county;  the  towns 
of  Chesterfield,  Elizabethtown,  Jay,  Keene,  Lewis, 
Minerva,  Moriah,  Newcomb,  North  Elba,  North 
Hudson,  Saint  Armand,  Schroon  and  Wilmington, 
Essex    county;    the    towns    of    Altamont,    Belmont, 


The  Forest,  Fish  and  Game  Law.  51 

Brighton,  Duane,  Franklin,  Harrietstown,  Santa 
Clara  and  Waverly,  Franklin  county;  the  towns  of 
Bleecker,  Caroga,  Mayfield  and  Stratford,  Fulton 
county;  the  towns  of  Hunter,  Jewett,  Lexington 
and  Windham,  Greene  county;  the  towns  of  Ohio, 
Russia,  Salisbury,  Webb  and  Wilmurt,  Herkimer 
county;  the  towns  of  Croghan,  Diana,  Greig, 
Lyonsdale  and  Watson,  Lewis  coimty;  the  towns 
of  Forestport  and  Remsen,  Oneida  county;  the 
towns  of  Corinth,  Day,  Edinburg  and  Hadley, 
•Saratoga  county;  the  towns  of  Clare,  Clifton,  Col- 
ton,  Fine,  Parishville,  Piercefield,  Pitcairn,  Saint 
Lawrence  county;  the  towns  of  Neversink  and 
Rockland,  Sullivan  county;  the  towns  of  Denning, 
Hardenburg,  Olive,  Rochester,  Shandaken,  Shawan- 
gunk,  Wawarsing  and  Woodstock,  Ulster  county; 
the  towns  of  Bolton,  Caldwell,  Chester,  Hague, 
Horicon,  Johnsburgh,  Luzerne,  Stony  Creek,  Thur- 
man  and  Warrensburg,  Warren  county;  the  towns 
of  Dresden,  Fort  Ann  and  Putnam,  Washington 
county.  (As  am'd  by  chap.  474,  Laws  of  1909  and 
chap.  657,  Lazus  of  19 10.) 

§  74.  Forest  fires  prohibited. — Any  person  who 
sets  fire  to  waste  or  forest  lands  in  the  forest  pre- 
serve counties  of  the  state,  except  as  provided  by 
section  seventy-three,  or  who  negligently  suffers  a 
fire  to  extend  from  his  own  lands  to  any  other 
lands,  is  punishable,  on  conviction,  under  section 
fourteen  hundred  and  twenty-one  or  section  nine- 
teen hundred  of  the  penal  law  as  the  case  may  be. 
Such  person  shall  also  be  liable  to  the  state  for 
damages  caused  by  such  wrongful  act  and  to  a 
penalty  of  ten  dollars  for  each  and  every  tree  so 


52  The  Forest,  Fish  and  Game  Lazv. 

killed  or  destroyed,  which  penalty  may  be  re- 
covered in  the  action  to  recover  damages  or  in  a 
separate  action  and  shall  also  be  liable  to  any  mu- 
nicipality, corporation,  or  person  for  any  damages 
caused  by  such  wrongful  act,  and  the  person 
so  injured  may  at  his  option  sue  for  and  recover 
damages,  or  damages  at  the  rate  of  one  dollar  for 
each  tree  killed.  Damages  to  state  lands  shall  be 
ascertained  and  determined  by  the  value  of  the 
timber  thereon,  taken  at  the  value  the  said  timber 
would  have  if  the  said  lands  were  owned  by  pri- 
vate individuals.  The  fact  that  any  fire  started  on 
or  extended  over  from  lands  or  rights  of  way 
owned  or  leased  or  used  by  any  railroad  company 
or  by  any  other  person  using,  manufacturing  or 
producing  any  coal,  wood,  oil  or  other  fuel  or  any 
inflammable  material  thereon  for  other  than  do- 
mestic purposes,  shall  be  prima  facie  evidence  that 
the  said  fire  was  set  or  started  thereon  or  suffered 
to  extend  therefrom  by  the  wilful  negligence  of  the 
said  person.  If  state  lands  in  the  forest  preserve 
be  damaged  as  aforesaid,  an  action  to  recover  the 
damages  and  penalties  as  aforesaid  shall  be  main- 
tained in  the  name  of  the  people,  on  the  order  of  the 
commissioner  by  counsel  designated  by  him,  and 
recovery  shall  be  had  therefor.  Any  moneys  neces- 
sarily expended  by  the  state,  municipality,  or  other 
person,  in  fighting  fires  upon  waste  or  forest  lands 
in  the  forest  preserve  counties  of  the  state  may  be 
sued  for  by  the  state,  municipality,  or  person  ex- 
pending the  moneys  and  recovered  from  the  person 
causing  the  fires  as  single  damages  in  addition  to 
the  damage  or  damages  at  the  rate  of  one  dollar 
and  in  addition  to  the  penalty  or  penalties  of  ten 


The  Forest,  Fish  and  Game  Law.  53 

dollars  for  each  tree  killed,  provided  for  as  afore- 
said. (As  am'd  by  chap.  474,  Laws  of  1909  and 
chap.  657,  Laws  of  1910.) 

§  75.  Proceeds  of  actions  for  forest  fires. — 
Moneys  received  in  the  name  of  the  people  for 
violations  of  sections  thirty-three,  seventy-two, 
seventy-three  and  seventy-four  of  this  chapter  shall 
be  paid  to  the  commissioner,  who  shall  apply  so 
much  thereof  as  may  be  necessary  to  the  payment 
of  the  expenses  of  collections  and  shall  pay  one- 
half  of  the  balance,  not  exceeding  in  any  one  case 
fifty  dollars,  to  the  special  game  protector,  fire  war- 
den or  district  fire  warden  upon  whose  information 
the  action  was  brought.  The  balance  of  such  re- 
ceipt shall  be  available  for  enforcing  the  various 
provisions  of  law  for  the  protection  of  forests 
against  fire. 

§  75-a.  Whenever  by  reason  of  drought  or 
other  cause,  it  shall  be  dangerous  to  the  forests  of 
the  state,  or  for  other  reason  contrary  to  the  pub- 
lic interest,  for  any  person  or  persons  to  enter 
any  portion  of  the  lands  within  the  forest  preserve 
counties  of  the  State  for  the  purpose  of  camping 
out  or  of  taking  fish,  fowl,  birds  or  quadrupeds 
therein,  or  for  any  person  or  persons  being  already 
within  the  forest  preserve  counties  of  the  state  to 
take  fish,  fowl,  birds  or  quadrupeds  therein,  the 
governor  shall  have  authority  to  determine,  and 
shall  determine  and  declare,  that  it  is  dangerous 
to  the  forests  of  the  state  or  contrary  to  the  public 
interest  for  any  person  or  persons  to  enter  any 
portion  of  the  lands  within  the  forest  preserve 
counties   of  the   state  for  the   purpose   of   camping 


54  The  Forest,  Fish  and  Game  Law. 

out  or  of  taking  fish,  fowl,  birds  or  quadrupeds 
therein,  or  for  any  person  or  persons  being  already 
within  the  forest  preserve  counties  of  the  state  to 
take  fish,  fowl,  birds  or  quadrupeds  therein,  and 
upon  such  determination  and  declaration,  the  gov- 
ernor shall  have  authority  to  forbid,  and  shall  for- 
bid by  proclamation,  any  person  or  persons  from  en- 
tering the  said  lands  for  such  purposes,  and  any 
person  or  persons  being  already  therein  from  tak- 
ing fish,  fowl,  birds  or  quadrupeds  therein.  But 
the  governor  must  state  in  such  proclamation  the 
reason  or  reasons  why  he  has  so  determined  that 
such  acts  would  be  dangerous  to  the  forests  or 
contrary  to  the  public  interest,  and  he  must,  in 
such  proclamation,  limit  the  time  during  which 
such  entry  and  such  acts  shall  be  prohibited.  And 
the  governor  shall  have  the  right  to  extend  the 
time  for  taking  fowl  or  birds  or  quadrupeds  to  a 
time  equivalent  to  the  time  during  which  the  said 
entry  and  acts  were  forbidden.  The  governor  must 
also,  in  such  proclamation,  order  that  it  be  pub- 
lished, and  direct  the  manner  in  which  it  shall  be 
published,  so  as  to  give  wide  notice  of  its  contents. 
Any  person  or  persons  violating  the  provisions  of 
such  proclamation  shall  be  guilty  of  a  misdemeanor 
and  shall,  upon  conviction,  be  subject  to  a  fine  of 
one  hundred  dollars  or  shall  be  imprisoned  for  not 
more  than  thirty  days,  or  both,  for  each  offense,  in 
addition  to  the  penalties  hereinbefore  provided  for 
taking  fish,  fowl,  birds  or  quadrupeds  in  the  closed 
season.  The  said  proclamation  shall  be  published 
by  the  commissioner  in  such  manner  as  shall  be 
ordered  and  directed  by  the  governor.  {Added  by 
chap,  474,  Laws  of  1909.) 


The  Forest,  Fish  and  Game  Law.  55 

§  75-b.   Statistics     of     forest     products. —  The 

superintendent  of  forests  shall  annually  report  to 
the  commission  the  amount  of  the  lumber  manu- 
factured and  wood  used  for  commercial  purposes 
from  timber  grown  in  the  state.  It  shall  be  the 
duty  of  all  consumers  of  round  timber  or  wood 
for  paper,  pulp  or  mechanical  purposes  to  furnish 
information  to  the  commission  annually  when 
called  upon  to  do  so,  in  relation  to  the  extent  of 
their  use  of  timber  and  wood  on  blanks  to  be  fur- 
nished by  the  commissioner.  Any  such  consumer 
who  neglects  or  refuses  to  furnish  such  informa- 
tion within  ten  days  after  request  by  the  superin- 
tendent of  forests  so  to  do  shall  be  liable  to  a 
penalty  of  one  hundred  dollars,  to  be  collected  and 
used  in  the  same  manner  as  other  penalties  im- 
posed by  this  act.  {Added  by  chap,  474,  Laws  of 
1909.) 

ARTICLE  VI. 
Quadrupeds. 
Section  y6.  Deer;  open  season. 

yy.  Possession  of  deer  or  venison. 

78.  Transportation. 

79.  Hounding;   dogs  to  be  killed. 

80.  Wild  moose,  elk,  caribou  and  antelope. 

81.  Black  and   gray  squirrels. 

82.  Hares  and   rabbits. 

83.  Beaver;    close   season. 

84.  Mink,  skunk,  muskrat  and   sable. 

85.  Land  turtles. 

86.  Penalties. 

§  76.  Deer;  open  season. —  The  open  season 
for  all  deer  shall  be  from  September  sixteenth  to 
October   thirty-first,   both    inclusive,    in    wholly    in- 


56  The  Forest,  Fish  and  Game  Law. 

closed  deer  parks  and  in  the  counties  of  Clinton, 
Dutchess,  Essex,  Franklin,  Fulton,  Hamilton,  Her- 
kimer, Jefferson,  Lewis,  Oneida,  Saratoga,  Saint 
Lawrence,  Warren  and  Washington,  except  in  all 
that  portion  of  Oneida,  Lewis  and  Jefferson  coun- 
ties lying  westerly  of  the  Utica  and  Black  River 
railroad  from  Utica  to  Ogdensburg  where  there 
shall  be  no  open  season.  The  open  season  for  deer 
in  Ulster  county  and  the  towns  of  Cochecton,  Tus- 
ten.  Highland,  Lumberland,  Forestburg  and  Bethel 
and  in  all  that  section  of  the  towns  of  Mamakating 
and  Thompson  lying  south  of  the  Newburgh 
and  Cohocton  turnpike  in  Sullivan  county  and 
the  town  of  Deer  Park  in  Orange  county  shall  be 
from  October  sixteenth  to  October  thirty-first,  both 
inclusive.  Deer  shall  not  be  taken  at  any  other  time 
or  possessed  except  as  provided  by  sections  seventy- 
seven  and  seventy-eight.  There  shall  be  no  open 
season  for  deer  elsewhere  in  the  stale,  except  on 
Long  Island  as  hereinafter  provided.  No  person 
shall  take  more  than  two  deer  in  an  open  season. 
No  person  shall  take  any  wild  deer  between  sun- 
set and  sunrise.  No  wild  deer  shall  be  taken  while 
in  water.  Deer  may  be  taken  alive  at  any  time 
by  the  commission  to  restock  the  state's  deer  parks 
or  to  exchange  for  elk  or  moose.  Fawns  in  the 
spotted  or  red  coat  shall  not  be  taken  nor  shall 
any  part  thereof  be  possessed  at  any  time.  No 
traps,  saltlick  or  other  device  to  entrap  or  entice 
deer  shall  be  made,  set  or  used,  nor  shall  deer  be 
taken  by  aid  or  use  thereof.  No  jack  light  or  other 
artificial  light  shall  be  used  in  taking  deer.  (As 
am'd  by  chap.  474,  Laws  of  1909  and  chap.  657, 
Laws  of  1910.) 


The  Forest   Fish  and  Game  Lew.  S7 

§  77.  Possession  of  deer  or  venison. —  Deer  or 
venison  may  be  possessed  or  sold  from  Septem- 
ber sixteenth  to  November  fifth,  both  inclusive. 
Possession  of  deer  or  venison  from  midnight  of 
October  thirty-first  to  midnight  of  November  fifth 
shall  be  presumptive  evidence  that  the  same  was 
unlawfully  taken  by  the  possessor.  (As  am'd  by 
chap.  474,  Laws  of  1909  and  chap.  657,  Laws  of 
1910.) 

§  78.  Transportation. —  Deer  or  venison  killed 
in  this  state  shall  not  be  transported  from  or 
through  any  county,  or  possessed  for  that  purpose, 
except  as  follows:  One  carcass  or  a  part  thereof 
at  one  time  may  be  transported  from  the  county 
where  killed  when  accompanied  by  the  owner.  No 
person  shall  transport  or  accompany  more  than  two 
deer  in  any  year  under  this  section.  Deer  or  ven- 
ison killed  in  this  state  may  be  ^accompanied  by  a 
common  carrier  for  transportation  from  September 
sixteenth  to  November  first,  both  inclusive,  but  if 
possession  is  obtained  for  transportation  after  Sep- 
tember fifteenth  and  before  midnight  of  November 
first,  it  may,  when  accompanied  by  the  owner  law- 
fully remain  in  the  possession  of  such  common  car- 
rier the  additional  time  necessary  to  deliver  the  same 
to  its  destination.  Possession  of  deer  or  venison 
by  a  common  carrier,  or  by  any  person  in  its 
employ  while  engaged  in  the  business  of  such 
common  carrier,  unaccompanied  by  the  owner 
shall  constitute  a  violation  of  this  section  by 
such  common  carrier.  This  section  does  not  ap- 
ply to  the  head,  feet  or  skin  of  deer  legally  taken 
it  carried  separatelf,  nor  shall  it  apply  to  domesti- 

*  So  in  original. 


58  The  Forest,  Fish  and  Game  Lazv. 

cated  deer  propagated  in  wholly  inclosed  deer  parks, 
when  shipments  made  from  such  parks  are  accom- 
panied by  a  permit  issued  by  the  forest,  fish  and 
game  commission  under  conditions  prescribed  by  the 
commissioner.  (As  am'd  by  chap.  474,  Laws  of 
1909  and  chap.  6S7,  Laws  of  1910.) 

§  79.  Hounding;  dogs  to  be  killed. — Deer  shall 
not  be  hunted,  pursued  or  killed  with  any  dog  or 
bitch.  Dogs  shall  not  be  permitted  by  the  owner 
or  persons  harboring  the  same  to  run  at  large  in  or 
to  be  taken  into  forests  inhabited  by  deer  or  kept 
or  possessed  in  the  Adirondack  park.  If  any  dog 
or  bitch  be  in  the  forest  preserve  or  found  hunting, 
pursuing  or  killing  deer  or  running  at  large  in 
forests  inhabited  by  deer,  it  shall  be  presumptive 
evidence  of  a  violation  of  this  section  by  the  per- 
son owning,  using,  having  or  harboring  such  dog  or 
bitch.  Any  person  may,  and  it  shall  be  the  duty  of 
every  game  protector  to  kill  any  dog  or  bitch  found 
in  the  Adirondack  park  or  in  a  deer  forest,  or  pur- 
suing deer  and  no  action  for  damages  shall  be  main- 
tained against  a  person  for  such  killing.  No  dog 
or  bitch  shall  be  taken  into  or  harbored  in  any  hunt- 
ing or  lumber  camp  within  the  forest  preserve. 

§  80.  Wild  moose,  elk,  caribou  and  antelope. — 

There  shall  be  no  open  season  for  wild  moose,  elk, 
caribou  or  antelope,  but  they  may  be  brought  into 
the  state  for  breeding  purposes.  The  flesh  or  any 
portion  of  any  such  animal  shall  not  be  possessed, 
sold  or  transported  at  any  time  unless  the  animal 
vv-as  killed  without  the  state  or  by  the  owner  thereof 
ill  a  private  park  within  the  state  during  the  open 
season    for   deer.      Possession  thereof   during   such 


The  Forest,  Fish  and  Game  Law.  59 

open  season  shall  be  presumptive  evidence  that  it 
was  unlawfully  taken  by  the  possessor.  The  forest, 
fish  and  game  commission  may  acquire  by  gift,  pur- 
chase or  capture,  a  sufficient  number  of  wild  moose 
and  elk  to  stock  the  Adirondack  region,  and  may 
care  for,  herd  and  yard  the  same  temporarily,  and 
liberate  them  in  such  region,  at  such  times  and  places 
as  it  deems  most  conducive  to  their  probable  sub- 
sistence and  increase. 

§  8i.  Black  and  gray  squirrels. —  The  open 
season  for  black  and  gray  squirrels  shall  be  from 
October  first  to  November  thirtieth,  both  inclusive. 
They  shall  not  be  taken,  possessed  or  sold  at  any 
other  time.  In  Richmond  and  Niagara  counties 
there  shall  be  no  open  season  for  black  and  gray 
squirrels.     {As  am'd  by  chap.  6S7,  Laws  of  1910.) 

§  82.  Hares  and  rabbits. —  The  open  season  for 
hares  and  rabbits  shall  be  from  October  first  to 
February  fifteenth,  both  inclusive,  except  in  Fulton 
county,  where  the  open  season  shall  be  from  Oc- 
tober first  to  January  fifteenth,  both  inclusive. 
Hares  and  rabbits  native  in  this  state  shall  not  be 
taken,  possessed  or  sold  at  any  other  time.  No 
person  shall  take  more  than  ten  hares  or  rabbits  in 
any  one  day.  Nothing  in  this  section  shall  prevent 
the  owner  or  occupant  of  inclosed  or  occupied 
farm  lands  or  their  employees  from  taking  hares 
and  rabbits  on  such  owner's  or  occupant's  prem- 
ises at  any  time  to  prevent  their  injuring  property. 
There  shall  be  no  close  season  for  Belgian  hares, 
jack  rabbits  or  rabbits  bred  in  captivity.  (As  am'd 
by  chaps.  240  and  474,  Laws  of  igop  and  chap.  657, 
Laws  of  1910.) 


6o  The  Forest,  Fish  and  Game  Law, 

§  83.  Beaver;  close  season. —  There  shall  be  no 
open  season  for  beaver.  No  person  shall  take,  trap, 
01  snare  in  any  manner,  any  beaver,  or  have  in  his 
possession  any  beaver,  so  taken,  trapped  or  snared. 
No  person  shall  molest  or  disturb  any  wild  beaver 
or  the  dams,  houses,  homes  or  abiding  places  of 
same.  The  forest,  fish  and  game  commission  may 
acquire  by  gift,  purchase  or  capture  a  sufficient  num- 
ber of  wild  beaver  to  restock  the  Adirondack  region, 
and  may  care  for  the  same  temporarily  and  liberate 
them  in  such  region  and  at  such  time  and  places  as 
it  deems  most  conducive  to  their  subsistence  and 
increase. 

§  84.  Mink,  skunk,  muskrat  and  sable. —  The 
open  season  for  mink,  skunk,  martin  or  sable  shall 
be  from  November  fiKst  to  March  fifteenth,  botli 
inclusive.  The  open  season  for  muskrat  shall  be 
from  November  first  to  April  fifteenth,  both  in- 
clusive. They  shall  not  be  possessed  or  killed  at 
any  other  time.  Muskrat  houses  shall  not  be  in- 
jured or  destroyed  at  any  time.  Nothing  in  this 
section  shall  prohibit  the  taking  or  killing  at  any 
time  of  skunks  which  are  injuring  property  or 
which  have  become  a  nuisance.  (As  am'd  by 
chap.  474,  Laws  of  1909  and  chap.  657,  Lazus  of 
1910.) 

§  85.  Land  turtles. —  Tailing,  killing  or  expos- 
ing for  sale  of  all  land  turtles  or  tortoises,  including 
the  box  turtle  and  the  wood  turtle,  is  hereby  pro- 
hibited. 

§  86.  Penalties. — A  person  who  violates  any 
provision  of  this  article  is  guilty  of  a  misdemeanor, 


The  Forest,  Fish  and  Game  Law.  6l 

and  in  addition  thereto,  is  liable  as  follows:  For 
each  violation  of  section  seventy-six  to  eighty,  both 
inclusive,  to  a  penalty  of  one  hundred  dollars,  and 
for  each  deer,  elk,  caribou,  antelope,  or  part  of  any 
such  animal  taken  or  possessed  in  violation  of  any 
provision  of  any  of  said  sections,  an  additional 
penalty  of  one  hundred  dollars ;  for  each  wild  moose 
or  part  of  such  animal  taken  or  possessed  in  viola- 
tion of  any  provision  of  said  sections,  an  addi- 
tional penalty  of  two  hundred  and  fifty  dollars;  for 
each  violation  of  section  eighty-one,  to  a  penalty  of 
twenty-five  dollars  and  for  each  squirrel  or  part 
thereof  taken  or  possessed  in  violation  of  said  sec- 
tion, an  additional  penalty  of  ten  dollars;  for  each 
violation  of  section  eighty-two,  a  penalty  of  twenty- 
five  dollars,  and  for  each  rabbit  taken  or  possessed 
in  violation  of  such  section,  an  additional  penalty 
of  ten  dollars ;  for  each  beaver  taken  in  violation  of 
section  eighty-three  to  a  penalty  of  one  hundred  dol- 
lars; for  each  violation  of  section  eighty-four,  to  a 
penalty  of  twenty-five  dollars;  and  for  each  viola- 
tion of  section  eighty-five  to  a  penalty  of  ten  dol- 
lars. A  person  convicted  of  a  misdemeanor  for  a 
violation  of  section  eighty  of  this  article  shall  be 
punished  by  imprisonment  for  a  term  of  not  less 
than  three  months  nor  more  than  one  year. 

ARTICLE    VII. 
Birds. 

Section    87.  Wild  fowl;  open  season. 

88.  Manner  of  killing. 

89.  Quail;  open  season. 

90.  Woodcock;  open  season. 

91.  Grouse;  open  season. 


62  The  Forest,  Fish  and  Game  Law. 

Section   92.  Grouse,  woodcock  and  quail  not  to  be 
bought  or  sold. 

93.  Woodcock,  grouse  and  quail  not  to  be 

possessed. 

94.  Woodcock,  grouse  and  quail  not  to  be 

transported. 

95.  Plover  and  other  birds;  open  season. 

96.  Mongolian  ring-necked  and  English  or 

other  pheasants. 

97.  Antwerp  or  homing  pigeons. 

98.  Certain  wild  birds  protected. 

99.  Destroying  or  robbing  nests. 
100.  No  snares,  nets  or  traps. 

•    loi.  Certificate  to  collect  for  scientific  pur- 
poses. 

102.  Taking  game  in  Westchester  county. 

103.  Birds  and  game  not  to  be  transported. 

104.  Hunting  license. 

105.  Penalties. 

§  87.  Wild  fowl;  open  season. —  Ducks,  geese, 
brant  and  swan  may  be  taken  from  September 
sixteenth  to  January  tenth,  both  inclusive,  and 
possessed  from  September  sixteenth  to  January 
fifteenth,  both  inclusive;  they  shall  not  be  taken 
in  the  night  after  sunset  until  sunrise;  they  shall 
not  be  taken  or  possessed  at  any  other  time.  There 
shall  be  no  open  season  at  any  time  for  wood  duck. 
Ducks,  geese,  brant  and  swan  taken  without  the 
state  may  be  sold  or  offered  for  sale  within  the 
state  between  January  tenth  and  March  first,  pro- 
vided the  person  who  sells  or  offers  the  same  for 
sale  shall  have  given  to  the  commissioner  a  bond 
to  the  people  of  the  state,  as  hereinafter  provided, 
approved    by    him    as    to    form,    amount    and    suf- 


The  Forest,  Fish  and  Game  Law.  63 

ficiency  of  sureties.  Such  bond  shall  be  condi- 
tioned that  such  person  shall  not  have  in  his 
possession  or  sell  between  January  tenth  and 
March  first  of  each  year,  ducks,  geese,  brant  and 
swan  taken  within  this  state,  and  shall  contain  such 
other  provisions  as  to  inspection  of  ducks,  geese, 
brant  and  swan  possessed  by  him,  evidence  that 
the  same  were  taken  without  the  state,  by  way  of 
bill  of  sale,  way  bill  or  otherwise,  and  generally 
such  requirements  as  the  commissioner  may  deem 
necessary  to  secure  the  enforcement  of  this  sec- 
tion. Ducks,  geese,  brant  and  swan  taken  without 
the  state  shall  not  be  possessed  or  sold  under  the 
provisions  of  this  section  unless  the  person  who 
possesses,  sells  or  offers  for  sale  ducks,  geese, 
brant  and  swan  taken  without  the  state  shall  have 
given  to  the  commissioner  the  bond  as  hereinbefore 
provided.  Possession  of  ducks,  geese,  brant  and 
swan  by  any  person  shall  be  presumptive  evidence 
that  they  were  taken  in  this  state,  provided  that 
such  presumption  shall  not  attach  to  the  possession 
between  January  tenth  and  March  first  of  ducks, 
geese,  brant  and  swan  by  any  person  who  shall 
have  given  to  the  commissioner  the  bond,  as  here- 
inbefore provided,  so  long  as  the  same  shall  remain 
in  force;  nor  shall  such  presumption  attach  to 
possession  of  ducks,  geese,  brant  and  swan  by  any 
person  purchasing  the  same  for  consumption  from 
a  person  whose  bond  is  in  force  as  aforesaid.  But 
no  presumption  that  ducks,  geese,  brant  or  swan 
are  possessed  free  from  the  presumption  that  they 
were  taken  in  this  state,  as  herein  provided,  shall 
arise  in  any  action  or  legal  proceeding  until  it 
affirmatively    appears    that    the    provisions    of    this 


64  The  Forest,  Fish  and  Game  Law. 

section  have  been  complied  with.  Any  person 
violating  the  provisions  of  such  bond  shall  be  de- 
nied the  privilege  of  giving  another  bond  under 
this  section.  {As  am'd  by  chap.  6s7,  Laws  of 
1910.) 

§  88.  Manner  of  killing. —  Ducks,  geese,  brant 
and  swan  shall  not  be  taken  except  with  a  gun  fired 
at  arm's  length  without  rest.  They  shall  not  be 
pursued  by  nor  fired  at  from  any  sailboat  or 
powerboat,  nor  from  any  boughhouse  or-  float- 
ing device  used  to  conceal  the  hunter  if  more  than 
fifty  feet  from  shore,  or  a  natural  growth  of  flags. 
Fowl  taken  in  violation  of  law  shall  not  be 
brought  ashore,  sold  or  possessed.  (As  am'd  by 
chap.  474,  Laws  of  1909  and  chap.  657,  Laws  of 
1910.) 

§  89.  Quail;  open  season. —  The  open  season 
for  quail  shall  be  from  November  first  to  November 
thirtieth,  both  inclusive;  they  shall  not  be  taken  or 
possessed  at  any  other  time,  except  as  provided  by 
sections  ninety-two  and  ninety-three  of  this  chap- 
ter. No  person  shall  take  more  than  thirty-six  quail 
in  an  open  season,  nor  more  than  six  in  one  day. 
There  shall  be  no  open  season  for  quail  in  Dutchess, 
Westchester,  Putnam  and  Rockland  counties  until 
nineteen  hundred  and  ten. 

§  90.  Woodcock;  open  season. —  Woodcock  may 
be  taken  from  October  first  to  November  thirtieth, 
both  inclusive;  they  shall  not  be  taken  or  possessed 
at  any  other  time  except  as  provided  by  sections 
ninety-two  and  ninety-three  of  this  chapter;  no  per- 
son shall  take  more  than  thirty-six  woodcock  in  an 
open  season,  nor  more  than  six  in  one  day. 


The  Forest,  Fish  and  Game  Law,  65 

§  91.  Grouse;  open  season. —  The  open  season 
for  grouse  shall  be  from  October  first  to  November 
thirtieth,  both  inclusive;  they  shall  not  be  taken  or 
possessed  at  any  other  time  except  as  provided  by 
section  ninety-two  of  this  chapter.  No  person  shall 
take  more  than  twenty  grouse  in  an  open  season,  noi 
more  than  four  in  one  day.  There  shall  be  no  open 
season  for  grouse  in  the  counties  of  Putnam,  Rock- 
land, and  Westchester  until  nineteen  hundred  and 
ten.  There  shall  be  no  open  season  for  Hungarian 
or  European  grey  legged  partridge.  (^As  am'd  by 
chap.  474,  Laws  of  1909.) 

§  92.  Grouse,  woodcock  and  quail  not  to  be 
bought  or  sold. —  Grouse,  woodcock  and  quail 
taken  in  this  state  shall  not  be  bought,  sold  or 
offered  for  sale  within  this  state,  or  carried  without 
the  state,  nor  shall  grouse,  woodcock  or  quail  taken 
without  the  state  be  bought,  sold  or  offered  for 
sale  within  the  state  unless  the  person  who  offers 
for  sale  or  sells  grouse,  woodcock  or  quail  taken 
without  the  state  shall  have  given  to  the  commis- 
sioner a  bond  to  the  people  of  the  state,  as  herein- 
after provided,  approved  by  him  as  to  form,  amount 
and  sufficiency  of  sureties.  Such  bond  shall  be  con- 
ditioned that  such  person  shall  not  have  in  his  pos- 
session or  buy  or  sell,  grouse,  woodcock  or  quail 
taken  in  this  state,  and  shall  contain  such  other 
provisions  as  to  inspection  of  grouse,  wood- 
cock or  quail  possessed  by  him,  evidence  that 
the  same  were  taken  without  the  state,  by 
way  of  bill  of  sale,  waybill  or  otherwise,  and 
generally  such  requirements  as  the  commissioner 
may  deem  necessary  to  secure  the  enforcement  of 
this    section.      Possession   of    grouse,    woodcock    or 


66  The  Forest,  Fish  and  Game  Law. 

quail  by  any  person  shall  be  presumptive  evidence 
that  they  were  taken  in  this  state,  provided  that 
such  presumption  shall  not  attach  to  the  possession 
of  grouse,  woodcock  or  quail  by  any  person  who 
shall  have  given  to  the  commissioner  the  bond,  as 
hereinbefore  provided,  so  long  as  the  same  shall  be 
in  force;  nor  shall  such  presumption  attach  to  pos- 
session of  grouse,  woodcock  or  quail  by  any  person 
purchasing  the  same  for  consumption  from  a  person 
whose  bond  is  in  force  as  aforesaid.  But  no  pre- 
sumption that  grouse,  woodcock  or  quail  are  pos- 
sessed free  from  the  presumption  that  they  were 
taken  in  this  state,  as  herein  provided,  shall  arise 
in  any  action  or  legal  proceeding  until  it  affirma- 
tively appears  that  the  provisions  of  this  section  have 
been  complied  with.  Any  person  violating  the  pro- 
visions of  such  bond  shall  be  denied  the  privilege  of 
giving  another  bond  under  this  section.  (As  am'd 
by  chap.  474,  Laws  of  1909  and  chap.  657,  Laws  of 
19 10.) 

§  93.  Woodcock,  grouse  and  quail  not  to  be 
possessed. —  Woodcock,  grouse  and  quail  shall 
not  be  sold  or  possessed  during  the  close  season, 
except  in  the  month  of  December  and  first  two  days 
of  January,  and  possession  or  sale  thereof  during 
December  and  the  first  two  days  in  January,  shall 
be  presumptive  evidence  that  they  were  unlawfully 
taken  by  the  possessor.  There  shall  be  no  open 
season  for  grouse  and  quail  in  Dutchess  county 
prior  to  October  first,  nineteen  hundred  and  thir- 
teen, but  woodcock  may  be  taken  and  possessed 
during  the  open  season  as  provided  by  section 
ninety  of  the  forest,  fish  and  game  law.  (As 
am*d  by  chaps.  6^7  and  664,  Lazus  of  1910.) 


I 


The  Forest,  Fish  and  Game  Law.  67 

§  94.  Woodcock,  grouse  and  quail  not  to  be 
transported. —  Woodcock,  grouse  and  quail  shall 
not  be  transported  within  this  state  or  into  the  state 
from  a  point  without  the  state  less  than  twenty-five 
m'.les  from  the  state  line,  unless  accompanied  by  the 
actual  owner  thereof,  and  no  person  shall  transport 
or  accompany  more  than  twenty  grouse,  thirty-six 
woodcock  or  thirty-six  quail  in  any  calendar  year, 
or  more  than  four  grouse,  six  woodcock  or  six 
quail  at  one  time.  Possession  thereof  by  an  in- 
dividual, a  common  carrier,  or  employee  of  a  com- 
mon carrier,  at  the  time  actually  engaged  in  the 
business  of  such  common  carrier,  unaccompanied  by 
the  actual  owner  thereof,  shall  constitute  a  violation 
of  this  section  by  such  individual,  common  carrier 
or  employee.  No  common  carrier  or  person  in  its 
employ  shall  transport  such  birds  as  owner. 

§  95.  Plover  and  other  birds;  open  season. — 
Wilson,  called  English  snipe,  yellow  legs,  rail,  mud- 
hen,  gallinule,  surfbirds,  curlew,  water  chicken,  jack- 
snipe,  baysnipe,  shore  birds  or  plover  may  be  taken 
from  September  sixteenth  to  December  thirty-first, 
both  inclusive.  They  shall  not  be  taken  or  possessed 
at  any  other  time. 

§  96.  Mongolian  ring-necked  and  English  or 
other  pheasants. —  There  shall  be  no  open  season 
for  Mongolian  ring-necked,  English  or  other  pheas- 
ants, nor  shall  the  same  be  killed  or  possessed,  ex- 
cept in  the  counties  of  Fulton,  Livingston,  Monroe, 
Ontario,  Orleans,  Wayne,  Suffolk,  Seneca,  Niagara, 
Yates,  Cayuga,  Erie,  Genesee,  Oswego,  Wyoming 
and  Dutchess,  prior  to  October,  nineteen  hundred 
and  fourteen;  provided,  however,  that  in  the  coun- 


68  The  Forest,  Fish  and  Game  Law. 

ties  of  Livingston,  Monroe,  Ontario,  Orleans, 
Seneca,  Niagara,  Yates,  Cayuga,  Erie,  Genesee, 
Oswego,  Wyoming  and  Wayne  the  cock  or 
male  of  said  pheasants  may  be  taken  on  Thursdays 
and  Saturdays  in  the  month  of  October,  and  pos- 
sessed during  said  month  of  October,  but  the  bur- 
den of  proof  shall  be  on  the  possessor  to  show  that 
the  same  were  legally  taken  in  accordance  with  the 
provisions  of  this  section,  and  the  said  pheasants 
shall  not  be  sold  or  offered  for  sale  at  any  time, 
nor  shall  any  person  kill,  take  or  possess  more  than 
three  of  said  pheasants  in  any  one  year,-  and  it  is 
further  provided  that  pheasants  bred  or  purchased 
and  liberated  in  Suffolk,  Dutchess  and  Fulton  coun- 
ties, by  the  game  clubs  and  private  owners,  may  be 
possessed  in  Greater  New  York  for  consumption 
but  not  for  sale.  Mongolian  ring-necked,  English 
01  other  pheasants  may  be  taken  or  possessed  in 
the  counties  of  Suffolk  and  Dutchess  from  Novem- 
ber first  to  December  thirty-first,  and  in  Fulton 
county,  from  September  sixteenth  to  November 
thirtieth,  both  inclusive.  They  shall  not  be  taken  or 
possessed  at  any  other  time.  In  nineteen  hundred 
and  fourteen,  the  open  season  in  counties  now 
closed  shall  be  as  it  now  is  in  Livingston  county. 
(As  am'd  by  chap.  6s7,  Laws  of  1910.) 

§  97.  Antwerp  or  homing  pigeons. —  No  person 
shall  take  or  interfere  with  any  Antwerp  or  homing 
pigeon  if  it  hav£  the  name  of  its  owner  stamped 
upon  its  wing  or  tail,  or  wear  a  ring  or  seamless  leg 
band  with  its  registered  number  stamped  thereon,  or 
have  any  other  distinguishing  mark;  nor  shall  any 
person  remove  any  such  distinguishing  mark  from 
any   such   pigeon. 


The  Forest,  Fish  and  Game  Law.  69 

§  98.  Certain  wild  birds  protected. —  Wild  birds 
other  than  the  English  sparrow,  crow,  hawk,  crow- 
blackbird,  snow-owl,  great  horned  owl  and  king 
fisher  shall  not  be  taken  or  possessed  at  any  time, 
dead  or  alive,  except  under  the  authority  of  a  cer- 
tificate issued  under  this  chapter.  No  part  of  the 
plumage,  skin  or  body  of  any  bird  protected  by  this 
section*  or  of  any  birds  coming  from  without  the 
state  whether  belonging  to  the  same  or  a  differ- 
ent species  from  that  native  to  the  state  of  New 
York,  provided  such  birds  belong  to  the  same 
family  as  those  protected  by  this  chapter  shalf 
be  sold  or  had  in  possession  for  sale.  The  pro- 
vision of  this  section  shall  not  apply  to  game 
birds  for  which  an  open  season  is  provided  in  this 
chapter;  excepting  that  quail,  English  pheasants  and 
Hungarian  partridges  shall  not  be  taken  at  any  time 
in  Richmond  county  prior  to  the  year  nineteen  hun- 
dred and  fourteen.  {As  am'd  by  chap.  474,  Laws  of 
1909,   and   chap.   256,   Laws   of   1910.) 

§  99.  Destroying  or  robbing  nests. —  Nests  of 
wild  birds  other  than  the  English  sparrow,  crow, 
hawk,  crow-blackbird,  snow-owl,  great  horned  owl 
and  king  fisher  shall  not  be  robbed  or  wilfully  de- 
stroyed, except  when  necessary  to  protect  buildings 
or  prevent  their  defacement. 

§  100.  No  snares,  nets  or  traps. —  No  wild  bird 
or  bird  for  which  a  close  season  is  provided,  shall 
be  trapped,  netted  or  snared,  or  if  so  taken  pos- 
sessed. No  net,  trap  or  snare  for  taking  grouse  or 
quail,  shall  be  set,  placed  or  used  where  such  birds 

*  The  provision  in  italics  in  Sec.  98  is  not  to  take  effect 
until  July  i,  191 1. 


70  The  Forest,  Fish  and  Game  Law. 

can  be  taken.  Any  such  net,  trap  or  snare  is  de- 
clared to  be  a  public  nuisance,  and  may  be  sum- 
marily abated  and  destroyed  by  any  person  and  it 
shall  be  the  duty  of  .every  protector  to  seize  and  de- 
stroy any  such  device. 

§  1 01.  Certificate  to  collect  for  scientific  pur- 
poses.—  A  certificate  may  be  issued  by  the  com- 
mission, to  any  person  upwards  of  eighteen  years 
of  age,  permitting  the  holder  thereof  to  collect  birds, 
birds'  nests  or  eggs  for  scientific  purposes.  Before 
such  certificate  is  issued,  the  applicant  must  file 
written  testimonials  from  two  well-known  scientific 
ornithologists  certifying  to  his  good  character  and 
fitness  to  be  intrusted  with  the  privilege.  Every 
applicant  except  an  officer  of  the  New  York  state 
museum,  must  pay  one  dollar  for  the  expense  of 
issuing  the  certificate  and  must  file  a  bond  in  the 
penal  sum  of  two  hundred  dollars  with  two  re- 
sponsible sureties,  to  be  approved  by  the  commis- 
sion, conditioned  that  he  will  not  violate  the  pro- 
visions of  this  chapter  or  avail  himself  of  the 
privileges  of  said  certificate  for  other  than  scientific 
purposes.  Persons  receiving  such  certificate  must 
report  the  result  of  collections  made  thereunder  an- 
nually to  the  commissioner,  at  the  expiration  of  the 
license.  Such  a  certificate  shall  be  in  force  for  one 
year  only  from  the  date  of  issue  and  shall  not  be 
transferable. 

§  102.  Taking  game  in  Westchester  county. — 

Game  shall  not  be  taken  in  a  public  highway,  or  on 
the  lands  of  a  railway  or  lands  purchased  or  con- 
demned for  the  Croton  aqueduct  within  the  county 
of  Westchester. 


The  Forest,  Fish  and  Game  Law.  71 

§  103.  Birds  and  game  not  to  be  transported. — 

Birds  or  quadrupeds  or  parts  thereof,  game,  except 
fish  taken  in  this  state,  shall  not  except  as  herein 
provided  and  as  provided  in  section  one  hundred 
and  four,  be  transported  without  the  state;  nor  shall 
the  same  be  taken  or  possessed  v^^ith  intent  to  trans- 
port the  same  without  the  state.  Any  person  doing 
any  act  with  reference  to  such  birds  or  game  or  in 
aid  of  such  taking  or  transportation  shall  be  deemed 
to  have  violated  this  section.  No  person  shall  at 
any  time  transport  any  birds  or  fish  for  which  a 
close  season  is  provided  in  any  package  unless  the 
kind  and  number  of  such  birds  or  fish  shall  be 
plainly  marked  on  the  outside  of  said  package,  to- 
gether with  the  names  of  consignor  and  consignee, 
the  initial  point  of  billing  and  the  destination.  The 
reception  by  any  person  or  common  carrier  within 
this  state,  of  any  such  bird  or  birds  or  fish  for  ship- 
ment in  an  unmarked  package  shall  constitute  a 
violation  of  this  section  by  such  person  or  common 
carrier.  This  section  does  not  apply  to  fish  taken 
or  produced  without  the  state,  provided,  the  same 
shall  be  transported  within  the  state  from  points 
not  less  than  fifty  miles  from  the  state  line,  nor 
does  it  apply  to  the  head,  feet  or  skin  of  deer 
when  severed  from  the  carcass,  or  to  quadrupeds 
named  in  section  eighty-four  of  this  act.  (As 
am'd  by  chap.  6^7,  Laws  of  1910.) 

§  104.  Hunting  license. —  No  person  or  persons 
shall  at  any  time  hunt,  pursue  or  kill  with  a  gun  any 
of  the  wild  animals,  fowl  or  birds  that  are  pro- 
tected during  any  part  of  the  vear.  or  use  a  srim 
for  huntmg  except  as  nerem  proviaea  witnout  ftrst 
having  procured  a  license  so  to  do  and  then  only 


^2  The  Forest,  Fish  and  Game  Law. 

during  the  respective  periods  of  the  year  when  it 
shall  be  lawful.  Said  license  shall  be  procured  from 
any  county,  city  or  town  clerk  in  the  following  man- 
ner, to  wit:  The  applicant  shall  fill  out  a  blank  ap- 
plication to  be  furnished  by  the  commissioner 
through  the  clerk  of  each  county,  city  and  town, 
stating  name,  age,  occupation  and  place  of  residence 
of  applicant,  also  whether  a  citizen  of  the  United 
States  or  an  alien  and  such  other  facts  or  descrip- 
tion as  may  be  required  by  the  commissioner.  Said 
application  shall  be  subscribed  and  sworn  to  by  the 
applicant  before  any  officer  authorized  to  administer 
oaths  in  the  state  of  New  York,  and  said  applicant, 
if  a  nonresident  of  the  state,  an  unnaturalized  per- 
son, or  an  alien,  shall  pay  to  the  clerk  countersign- 
ing and  delivering  the  license  the  sum  of  twenty 
dollars,  together  with  the  sum  of  fifty  cents  as  a  £ee 
to  the  clerk,  and,  if  a  resident  of  the  state,  shall 
pay  to  the  clerk  countersigning  and  issuing  the 
license  the  sum  of  one  dollar  as  a  license  fee,  to- 
gether with  the  sum  of  ten  cents  as  the  fee  of  the 
county,  city  or  town  clerk  for  issuing  such  license, 
which  said  license  shall  bear  the  signature  of  the 
commissioner,  and  the  seal  of  the  county,  city  or 
town  in  which  the  same  is  issued  and  be  counter- 
signed by  the  said  clerk.  The  license  fees  above 
provided  for  shall  be  remitted  by  the  city  and  town 
clerks  on  the  first  Tuesday  of  each  month  to  the 
county  clerk  of  the  county,  and  such  fees  together 
with  those  received  by  the  county  clerk  for  issuing 
licenses  from  his  office  shall  be  remitted  to  the  com- 
missioner on  the  second  Tuesday  of  each  month  with 
a  schedule  setting  forth  the  name  and  residence  of 
each  licensee  and  the  amount  paid,  and  shall  by  him 
be  remitted  to  the  state  treasurer  as  are  fines  and 


The  Forest,  Fish  and  Game  Law.  73 

penalties.  Every  license  issued  shall  be  signed  by 
the  licensee  in  ink,  as  aforesaid,  and  shall  entitle 
the  person  to  whom  issued  to  hunt,  pursue  and  kill 
game  animals,  fowl  and  birds  within  the  state  at 
any  time  when  or  place  where  it  shall  be  lawful  to 
hunt,  pursue  and  kill  such  game  animals,  fowl  and 
birds,  and  no  person  to  whom  a  license  has  been  is- 
sued shall  be  entitled  to  hunt,  pursue  or  kill  game 
animals,  fowl  and  birds  in  this  state  unless  at  the 
time  of  such  hunting,  pursuing  or  killing,  he  or  she 
shall  have  such  license  on  his  or  her  person,  and 
shall  exhibit  the  same  for  inspection  to  any  pro- 
tector or  other  officer  or  other  person  requesting  to 
sec  the  same,  and  such  license  shall  be  void  after 
the  thirty-first  day  of  December  next  succeeding  its 
issuance;  provided,  that  the  owner  or  owners  of 
farm  land,  and  their  immediate  family  or  families 
occupying  and  cultivating  the  same,  or  the  lessee  or 
lessees  thereof  and  their  immediate  family  or  fam- 
ilies who  are  actually  occupying  and  cultivating  the 
same,  shall  have  the  right  to  hunt  and  kill  game  on 
the  farm  land  of  which  he  or  they  are  the  bona  fide 
owners  or  lessees  during  the  season  when  it  is  law- 
ful to  kill  game  without  procuring  such  resident 
license.  Any  person  who  shall  at  any  time  alter  or 
change  in  any  material  manner  or  loan  or  transfer 
to  another,  any  license  issued  as  aforesaid,  shall  be 
deemed  guilty  of  a  forgery,  and,  on  conviction 
thereof,  shall  be  subject  to  the  penalties  provided 
for  the  commission  of  forgery.'  All  prosecutions 
for  a  violation  of  the  provisions  of  this  chapter  re- 
lating to  licenses  may  be  brought  by  any  person  in 
the  name  of  the  people  of  the  state  of  New  York 
against  any  person  or  persons  violating  any  of  the 
provisions   of  this   chapter,    so   far  as   it   relates   to 


74  The  Forest,  Fish  and  Game  Law. 

licenses,  before  any  court  of  competent  jurisdiction; 
and  it  is  hereby  made  the  duty  of  all  district  attor- 
neys to  see  that  the  provisions  of  this  section  are 
enforced  in  their  respective  counties,  and  said  dis- 
trict attorneys  shall  prosecute  all  offenders  on  re- 
ceiving information  of  the  violation  of  any  of  the 
provisions  of  this  section;  and  it  is  hereby  made 
the  duty  of  all  sheriffs,  deputy  sheriffs,  constables 
and  police  officers  to  inform  against  and  prosecute 
all  persons  who,  there  is  reasonable  cause  to  believe, 
are  guilty  of  violating  any  of  the  provisions  pf  this 
section.  Nothing  herein  shall  prevent  the  commis- 
sioner from  prosecuting  persons  for  violation  of 
this  section.  All  moneys  recovered  in  any  penal 
action  under  this  chapter,  in  so  far  as  it  relates  to 
licenses,  shall  be  remitted  by  the  person  or  court  re- 
covering the  same  to  the  commissioner;  one-half 
of  the  amount  recovered  in  any  penal  action  under 
this  section,  in  so  far  as  it  relates  to  licenses,  after 
all  disbursements  and  expenses  in  relation  to  the 
same,  including  attorney  fees,  shall  have  been  paid, 
shall  be  paid  to  the  person  filing  the  complaint  in 
such  action  by  the  state  treasurer  on  approval  of 
the  commissioner,  unless  such  person  is  a  regular 
game  protector.  All  bills  for  costs,  disbursements 
and  attorney's  fees  in  any  action  or  proceeding 
under  this  chapter  relating  to  licenses  shall  be  duly 
verified,  presented  to  the  commissioner,  audited  by 
said  commissioner  and  paid  on  his  approval  by  the 
state  treasurer  to  the  person  entitled  to  the  same. 
The  form  of  the  license  shall  be  determined  and  the 
license  blank  prepared  by  the  commissioner,  and  by 
him  furnished  through  the  county  clerks  of  the  sev- 
eral counties  of  the  state  to  the  city  and  town 
clerks.      Each    nonresident    license    shall    have    at- 


The  Forest,  Fish  and  Game  Law.  75 

tached  one  coupon  permitting  the  transportation  out 
of  the  state  of  one  deer  or  parts  thereof  under  con- 
ditions to  be  prescribed  by  the  commission.  At  the 
end  of  each  season  for  hunting,  the  city  and  town 
clerks  shall  detach  the  stubs  of  licenses  issued  and 
forward  the  same  securely  attached  to  a  report  of 
the  number  issued  and  the  amount  of  license  money 
received  to  the  county  clerk  of  the  county,  whose 
duty  it  shall  be  to  see  that  proper  returns  are  made 
to  him  by  all  city  and  town  clerks  in  his  county, 
and  to  return  to  the  commissioner  all  such  stubs  and 
reports  with  a  final  report  recapitulating  and  tabu- 
lating the  total  number  of  licenses  of  both  kinds 
issued  in  his  county  in  the  calendar  year.  The 
county  clerk  shall  be  reimbursed  by  the  state  for 
postage  and  expressage  used  in  distributing  licenses 
to  city  and  town  clerks  and  for  his  monthly  reports 
required  to  be  made  to  the  commissioner;  his  bills 
therefor  shall  be  presented,  audited  and  paid  as 
herein  provided  for  other  payments. 

§  105.  Penalties. —  A  person  who  violates  or 
fails  to  perform  any  duty  imposed  by  any  of  the 
provisions  of  this  article  is  guilty  of  a  misdemeanor, 
unless  otherwise  provided,  and  is  liable  to  a  pen- 
alty of  sixty  dollars  and  an  additional  penalty 
of  twenty-five  dollars  for  each  bird,  or  quadruped 
or  part  of  bird  or  quadruped  bought,  sold,  offered 
for  sale,  taken,  possessed,  transported  or  had  in 
possession  for  transportation  in  violation  thereof. 
A  nonresident  or  alien  who  violates  any  of  the  pro- 
visions of  section  one  hundred  and  four  is  guilty 
of  a  misdemeanor  and  is  liable  to  a  penalty  of  one 
hundred  dollars  for  each  violation  thereof.  (As 
am'd  by  chap.  657,  Laws  of  1910.) 


76  The  Forest,  Fish  and  Game  Law. 

ARTICLE    VIII. 
Fish,  General  Provisions. 

Section  io6.  Trout;   open   season. 

107.  Trout;    not   disturbed   while   spawning. 

108.  Waters   inhabited  by  trout. 

109.  Lake  trout  and  whitefish ;  open  season. 
no.  Certain  fish  not  to  be  transported. 

111.  Private  waters  not  to  be  stocked  from 

streams. 

112.  No  fishing  through  ice. 

113.  (Repealed.) 

114.  Certain    fish    not   to   be   placed    in    the 

Adirondacks. 

115.  Black    bass;    open     season;     size    and 

catch. 

116.  Black  bass;   special. 

117.  Pickerel    and    pike. 

118.  Maskalonge;   open   season. 

119.  Salt  water  striped  bass. 

120.  Sturgeon;   required  length  of. 

121.  No   fishing  near  fiehways. 

122.  Tip-ups. 

123.  Eel  weirs  and  eel  pots. 

124.  Taking  minnows   for  bait. 

125.  Fish  taken  by  angling;  meshes  of  nets. 

126.  Frostfish  and  whitefish  taken  with  nets. 

127.  Nets  to  be  licensed. 

128.  Thumping. 

129.  Carp  not  to  be  placed  in  certain  waters. 

130.  Taking  fish  in  Lake  Champlain;  regu- 

lations. 

131.  Polluting  streams. 

132.  Polluting  of  water   used  by   stale  fish 

hatcheries. 


The  Forest,  Fish  and  Game  Law.  yy 

Section  133.  Drawing  off  water   forbidden. 

134.  Streams  not  to   be  obstructed. 

135.  Explosives  prohibited. 

136.  Acquisition    of     land     and    water    for 

propagation  of  fish. 

137.  State   engineer   and   surveyor   to   make 

description  of  land  and  water  appro- 
priated. 

138.  Service  of  notice. 

139.  Adjustment  of  claims  by  agreement. 

140.  When    claims    may    be     presented    to 

court  of  claims. 

141.  Net  to  be  destroyed  by  game  protect- 

ors. 

142.  Seizure  of  nets;  expenses;  regulations 

in  certain  counties. 

143.  Penalties. 

§  106.  Trout;  open  season. —  The  open  season 
for  trout  shall  be  from  April  sixteenth  to  August 
thirty-first,  both  inclusive,  except  in  the  counties  of 
Ch'nton,  Essex,  Franklin,  Fulton,  Hamilton,  Sara- 
toga, Saint  Lawrence,  Warren  and  Washington  and 
in  that  portion  of  Herkimer  county  north  of  the 
Mohawk  river,  where  the  season  shall  be  from  May 
first  to  August  thirty-first,  both  inclusive,  and  ex- 
cept in  Allegany,  Cattaraugus,  Chautauqua,  Cort- 
land, Livingston,  Tioga  and  Wyoming  counties  where 
the  open  season  shall  be  from  April  sixteenth  to 
July  fifteenth,  both  inclusive,  and  except  in  the 
Genesee  river  in  the  county  of  Allegany,  in  Spring 
brook  in  the  county  of  Livingston,  in  the  west 
branch  of  the  Oatka  creek  in  the  town  of  Gaines- 
ville in  the  county  of  Wyoming,  and  in  that  part 
of  Cattaraugus   creek   which   is   in   the   counties   of 


yS  The  Forest,  Fish  and  Game  Law. 

Cattaraugus  and  Chautauqua  where  the  open  season 
shall  be  from  April  sixteenth  to  August  thirty-first, 
both  inclusive,  and  in  the  county  of  Chenango 
where  the  open  season  shall  be  from  April  sixteenth 
to  July  thirty-first,  both  inclusive.  Trout  shall  not 
be  taken  or  possessed  at  any  other  time,  nor  shall 
trout  taken  in  any  of  the  waters  of  the  state  be 
sold  or  offered  for  sale.  Trout  less  than  six  inches 
in  length  shall  not  be  taken  or  possessed.  This 
section  shall  not  apply  to  private  hatcheries  in  sale 
of  trout,  or  for  propagation.  (As  am'd  by  chap. 
474,  Laws  of  1909  and  chap.  657,  Laws  of  1910.) 

§  107.  Trout;  not  disturbed  while  spawning. — 

Trout  and  lake  trout  on  spawning  beds  in  the  close 
season  shall  not  be  disturbed,  nor  shall  their  spawn 
or  milt  be  taken  from  the  spawning  beds. 

§  108.  Waters  inhabited  by  trout. —  Fish  shall 
not  be  taken  in  fresh  waters  inhabited  by  trout, 
except  by  angling. 

f  109.  Lake  trout  and  whitefish,  open  season. 

—  The  open  season  for  lake  trout  and  whitefish 
shall  be  from  May  first  to  August  thirty-first,  both 
inclusive,  except  in  Lakes  Erie  and  Ontario,  where 
the  open  season  for  lake  trout  and  whitefish  shall 
be  from  January  first  to  October  thirty-first,  both 
inclusive;  and  except  in  the  counties  of  Ulster, 
Sullivan,  Orange,  Rockland,  Westchester  and 
Richmond,  where  the  open  season  for  lake  trout 
shall  be  from  May  first  to  June  thirtieth,  both  in- 
clusive, and  except  in  Lake  Keuka,  where  the  open 
season  for  lake  trout  shall  be  from  April  sixteenth 
to   August   thirty-first,   both    inclusive.     Lake   trout 


The  Forest,  Fish  and  Game  Law,  79 

less  than  fifteen  inches  in  length  shall  not  be  taken 
or  possessed.  Whitefish  less  than  two  pounds  in 
the  round  shall  not  be  taken  from  any  of  the 
waters  of  the  state  or  possessed  at  any  time. 
Lake  trout  or  whitefish  shall  not  be  taken  or  pos- 
sessed at  any  other  time,  except  in  Owasco,  Skane- 
ateles  and  Keuka  lakes  when  the  open  season  for 
lake  trout  shall  be  from  April  sixteenth  to  October 
thirty-first,  both  inclusive,  provided  that  during  the 
close  season  any  person  may  buy,  possess  or  sell 
lake  trout  or  whitefish  taken  without  the  state  if 
such  person  will  at  all  times  permit  the  commis- 
sion or  any  member  or  officer  thereof  a  full  ex- 
amination of  his  books  and  papers  relating  to  the 
purchase  and  sale  of  fish,  and  will,  when  required  by 
the  commission,  furnish  the  original  invoice  or  in- 
voices, freight  or  express  receipts  used  in  the  trans- 
portation thereof.  (As  am'd  by  chap,  474,  Laws  of 
1909  and  chaps.   657  and  663,  Lazvs  of   1910.) 

§  no.    Certain    fish   not    to    be    transported. — 

Lake  trout  taken  in  inland  waters  and  trout  shall 
not  be  transported  in  this  state  except  when  accom- 
panied by  the  actual  owner.  No  person  shall  take 
or  transport  at  any  one  time  more  than  twenty-five 
pounds  of  lake  trout,  nor  more  than  ten  pounds  of 
trout.  Possession  of  lake  trout  or  trout  by  a  com- 
mon carrier  or  employee  thereof,  while  actually  en- 
gaged in  the  business  of  such  common  carrier,  un- 
accompanied by  the  actual  owner,  shall  constitute 
a  violation  of  this  section  by  such  employee  and 
common  carrier.  This  article  shall  not  apply  to 
private  hatcheries  but  all  shipments  from  private 
hatcheries  must  be  accompanied  by  a  permit  issued 
by  the  forest,  fish  and  game  commission. 


8o  The  Forest,  Fish  and  Game  Law. 

§  III.  Private  waters  not  to  be  stocked  from 
streams. —  Trout  or  lake  trout  shall  not  be  taken 
from  any  of  the  waters  of  the  state  for  the  purpose 
of  stocking  private  ponds  or  streams.  Provided, 
however,  that  any  person  desirous  of  aiding  the 
state  in  the  propagation  and  distribution  of  trout 
may,  on  the  approval  of  the  commissioner,  take 
trout  or  spawn  from  public  waters  for  breeding 
purposes.  Trout  or  spawn  so  taken  shall  be  re- 
turned to  public  waters  of  the  state.  Before  per- 
mission is  given,  or  trout  taken  as  herein  provided, 
the  applicant  shall  show  conclusively  that  he  has 
facilities  for  breeding  trout,  and  must  execute  a 
satisfactory  bond  to  the  people  of  the  state,  to  be 
approved  by  the  commissioner,  conditioned  that  he 
will  not  sell,  give  away,  convert  to  his  own  use, 
or  otherwise  dispose  of  any  trout  or  spawn  taken 
under  said  permit,  and  will  return  the  adult  and 
young  trout  to  public  waters  at  such  times  and 
places  as  the  commissioner  may  designate. 

§  112.  No  fishing  through  ice. —  Fish  shall  not 
be  taken  through  the  ice  in  waters  inhabited  by 
trout  or  lake  trout,  during  the  close  season  there- 
for. This  section  shall  not  apply  to  Lakes  Ontario 
and  Erie  or  to  the  Hudson,  Niagara  and  Saint 
Lswrence  rivers. 

§  113.    (Repealed  by  chap.  474,  Laws  of  1909.) 

§  114.  Certain  fish  not  to  be  placed  in  Adiron- 
dacks. —  Fish,  or  fry  spawn  or  milt  thereof,  other 
than  trout,  lake  trout  and  Adirondack  frostfish, 
shall  not  be  placed  in  the  waters  of  the  Adirondack 
region  except  under  the  supervision  of  the  com- 
missioner and  pursuant  to  his  order. 


The  Forest,  Fish  and  Game  Law.  Si 

§  115.  Black  bass;  open  season;  size  and  catch. 
—  The  open  season  for  black  bass  shall  be  from 
June  sixteenth  to  December  thirty-first,  both  inclu- 
sive. They  shall  not  be  taken  or  possessed  at  any 
other  time.  Black  bass  less  than  ten  inches  in 
length  shall  not  be  taken.  Small-mouth  black  bass 
less  than  twelve  inches  in  length  shall  not  be  taken 
in  the  waters  of  Putnam  county.  No  person  shall 
take  more  than  twenty-four  black  bass  in  one  day. 
Whenever  two  or  more  persons  are  angling  from 
the  same  boat,  they  shall  not  take  more  than  thirty- 
six  bass  in  one  day.  Black  bass  shall  not  be  pos- 
sessed in  any  county  during  the  season  that  is  closed 
throughout  the  entire  county,  or  when  they  are 
unlawfully  taken.  Bass  shall  not  be  taken  in  any 
manner,  except  b}^  angling,  in  any  of  the  waters  of 
this  state,  nor  shall  bass  so  taken  in  any  of  the 
waters  of  the  state  be  sold  or  offered  for  sale.  {As 
am'd  by  chap.  657,  Laws  of  19 10.) 

§  116.  Black  bass;  special. —  Black  bass  shall 
not  be  taken  from  the  waters  of  Orange  lake  in 
Orange  county  after  sunset  or  before  sunrise,  and 
no  fish  of  any  kind  shall  be  taken  from  the  waters 
of  said  lake  between  the  first  day  of  March  and 
the  fifteenth  day  of  June,  both  inclusive.  No  per- 
son shall  take  more  than  twelve  black  bass  in  the 
Saint  Lawrence  river  in  one  day,  and  whenever 
two  or  more  persons  are  angling  from  the  same 
boat,  they  shall  not  take  more  than  twenty-four  bass 
in  one  day. 

§  117.  Pickerel  and  pike. —  The  open  season  foi 
pike  and  pickerel  shall  be  from  May  first  to  the  last 
day  of  February,  both  inclusive,  except  there  shall 
be    no   closed   season   for   blue   pike   in   Lake   Erie. 


S2  The  Forest,  Fish  and  Game  Law. 

Pike  and  pickerel  shall  not  be  taken  or  possessed 
at  any  other  time,  provided  that  during  the  close 
season  any  person  may  buy,  possess  or  sell  pickerel 
or  pike  taken  without  the  state  if  such  person  will 
at  all  times  permit  the  commission  or  any  member 
or  officer  thereof  to  have  an  examination  of  his 
books  and  papers  relating  to  the  purchase  and  sale 
of  fish,  and  will  when  required  by  the  commission 
furnish  the  original  invoice  or  invoices,  freight  or 
express  receipts  used  in  the  transportation  thereof. 
The  commission  may  permit  the  taking  or  destruc- 
tion of  pickerel  at  any  time  in  waters  inhabited  by 
trout.  Wall-eyed  and  yellow  pike,  less  than  ten 
inches  in  length,  shall  not  be  taken  or  possessed. 
(As  am*d  by  chap.  474,  Laws  of  1909.) 

§  118.  Maskalonge;  open  season. —  The  open 
season  for  maskalonge  shall  be  from  June  first  to 
the  last  day  of  February,  both  inclusive;  they  shall 
not  be  taken  or  possessed  at  any  other  time  except 
in  the  counties  of  Chautauqua  and  Cattaraugus  as 
hereafter  provided.  Maskalonge  less  than  twenty- 
four  inches  in  length  shall  not  be  taken  or  possessed. 

§  119.  Salt-water  striped  bass, —  Salt-water 
striped  bass  less  than  eight  inches  in  length  shall 
not  be  intentionally  taken  or  possessed  at  any  time. 
Striped  bass  shall  not  be  intentionally  taken  from 
the  Hudson  river  by  a  net  between  April  thirtieth 
and  July  thirtieth,  both  inclusive.  If  taken  in  either 
case,  the  same  shall  be  immediately  returned  to  the 
water  where  taken. 

§  120.  Sturgeon;  required  length  of. —  Sturgeon 
less  than  three  feet  long  shall  not  be  intentionally 
taken,  or  possessed. 


The  Forest,  Fish  and  Game  Lazv.  83 

§  121.  No  fishing  near  fishways. —  The  commis- 
sion shall  maintain  fifty  rods  from  every  fishway 
erected  by  the  state  in  public  waters  on  both  sides 
of  the  stream  above  and  below  the  fishway,  sign 
boards  containing  substantially  the  following  no- 
tice: "Fifty  rods  to  the  fishway;  all  persons  are 
prohibited  by  law  from  fishing  in  this  stream  be- 
tween this  point  and  the  fishway."  No  person  shall 
take  fish  within  fifty  rods  of  any  such  fishway. 

§  122.  Tip-ups. —  Bullheads,  catfish,  eels,  perch, 
sunfish,  and,  except  during  the  months  of  March 
and  April,  pike  and  pickerel  may  be  taken  through 
the  ice  with  a  hook  and  line  or  tip-ups  in  waters 
not  inhabited  by  trout.  But  no  person  shall  operate 
or  control  at  the  same  time  more  than  five  tip-ups, 
except  in  Honeoye  lake,  Canadice  lake  and  Conesus 
lake,  and  Oneida  lake,  where  fifteen  may  be  used, 
and  such  person  shall  at  all  times  said  lines  are 
set  be  personally  present  and  have  personal  super- 
vision and  control  over  the  same.  {As  am'd  by 
chap.  6s7,  Laws  of  1910.) 

§  123.  Eel  weirs  and  eel  pots. —  Eel  weirs  the 
laths  of  which  are  not  less  than  one  inch  apart, 
may  be  maintained  in  waters  not  inhabited  by 
trout,  other  than  the  tributaries  of  the  Chemung 
river  in  the  counties  of  Steuben  and  Chemung,  the 
waters  of  Cayuga  county,  the  Delaware  river,  the 
Chenango  river  in  Broome  county,  provided  there 
be  at  low  water  a  clear  passage  in  the  said  weir 
not  less  than  ten  feet  wide  for  the  passage  of  boats 
and  fish.  In  the  Susquehanna  river  eel  weirs  may 
be  maintained,  provided  there  be  at  low  water  a 
clear   passage   on    one    side    of    said   weir   not    less 


84  The  Forest,  Fish  and  Game  Law. 

than  thirty  feet  wide,  twenty  feet  of  which  shall 
have  a  depth  of  at  least  eighteen  inches,  for  the 
passage  of  boats  and  fish,  and  such  weirs  shall 
have  stakes  only  at  the  mouth  and  outlet  of  the 
rock  and  the  outlet  of  the  weir.  Eel  pots  of  such 
form  as  may  be  prescribed  by  rules  of  the  com- 
mission may  be  used  in  waters  not  inhabited  by 
trout  or  lake  trout.  Every  person  maintaining  an 
eel  weir  or  eel  pot  in  any  of  the  waters  of  this 
state  shall  first  obtain  from  the  forest,  fish  and 
game  commission  a  license  to  maintain  the  same. 
to  be  approved  by  the  commission,  conditioned  for 
the  payment  to  the  people  of  the  state  of  fifty 
dollars  if  the  holder  thereof  violates  any  of  the 
provisions  of  this  section  or  any  of  the  regula- 
tions contained  in  the  license  while  such  license  is 
in  force.  The  use  of  eel  weirs  and  eel  pots  except 
as  expressly  permitted  by  law  is  prohibited.  {As 
am'd  hy  chap.  657,  Laws  of  1910.) 

§  124.  Taking  minnows  for  bait. —  Minnows 
shall  not  be  taken  with  a  net  or  seine  for  bait  from 
any  of  the  waters  of  the  state  without  a  license. 
The  commissioner  may  grant  a  license  for  a  net  to 
take  minnows  for  bait  in  waters  not  inhabited  by 
trout.  Such  a  license  can  be  granted  only  upon  the 
payment  of  a  license  fee  to  be  prescribed  by  the 
commission  and  the  execution  of  a  bond  by  the 
owner  of  the  net,  to  be  approved  by  the  commis- 
sion, conditioned  for  the  payment  to  the  people  of 
the  state  of  one  hundred  dollars  if  the  holder 
thereof  violates  any  of  the  provisions  of  this  sec- 
tion or  any  of  the  regulations  contained  in  the 
license   while  the   license   is   in   force.    The   license 


The  Forest,  Fish  and  Game  Law.  85 

must  specify  the  waters  in  which  the  net  may  be 
used,  and  may  contain  regulations  for  the  protection 
of  fish.  Black  bass,  maskalonge,  whitefish,  pickerel 
or  pike  taken  in  a  net  used  under  this  section  shall 
be  immediately  returned  to  the  water  uninjured. 
Minnows  shall  not  be  taken  within  one  hundred  feet 
of  any  dock,  pier,  or  boat  landing  structure  along  the 
Saint  Lawrence  river  without  the  consent  of  the 
owner  of  the  land  on  which  the  same  is  built.  The 
provisions  for  licensing  nets  in  this  section  shall 
not  apply  to  minnow  nets  less  than  four  feet  in  di- 
ameter.    (As  am'd  by  chap.  474,  Laws  1909.) 

§  125.  Fish  taken  by  angling,  meshes  of  nets. — 

Except  as  permitted  by  this  chapter,  fish  shall  not 
be  taken  by  any  device  except  angling  in  any  of  the 
rivers,  lakes  and  inland  waters  of  the  state.  When 
permitted  the  meshes  of  nets  used  shall  not  be  less 
than  one  and  one-eighth  inch  bar,  except  in  Lake 
Erie,  where  they  shall  not  be  less  than  one  and 
three-eighths  inch  bar,  and  except  nets  for  taking 
minnows   as   herein   provided. 

§  126.  Frostfish  and  whitefish  taken  with  nets. 

—  Frostfish,  whitefish,  catfish,  sunfish,  pumpkin, 
seeds,  bullheads,  perch,  suckers  and  sturgeon  may 
be  taken  with  nets  from  inland  lakes  not  inhabited 
by  trout  pursuant  to  rules  prescribed  by  the  com- 
mission. The  commission  may  make  rules  under 
which  by  paying  a  license  sturgeon  may  be  taken 
by  setlines  and  trap  lines.  Such  rules  shall  be  sub- 
ject to  amendment  or  abrogation  at  any  time  and 
may  be  either  general  or  special,  and  published  as 
the  commission  directs.  (As  am*d  by  chap.  474, 
Laws  of   1909   and  chap.   657,  Laws  of  1910.) 


86  The  Forest,  Fish  and  Game  Law. 

§  127.  Nets  to  be  licensed. —  Rules  regulating 
the  use  of  seines,  fykes,  pounds,  traps  and  other 
nets,  in  the  waters  of  the  state,  and  providing  for 
the  licensing  of  such  nets,  may  from  time  to  time 
be  prescribed  by  the  commission,  when  not  incon- 
sistent with  law,  and  such  rules  shall  be  filed  in  the 
office  of  the  secretary  of  state.  Until  amended  or 
superseded,  as  herein  authorized,  the  rules  as  filed 
in  the  office  of  the  secretary  of  state  in  the  years 
eighteen  hundred  and  ninety-five  and  eighteen  hun- 
dred and  ninety-eight  are  continued  in  force.  Nets 
shall  not  be  set  or  used  without  a  license  granted  by 
the  commission. 

§  128.  Thumping. —  Sailing,  rowing,  pushing,  or 
floating  in  any  boat  or  vessel  in  a  waterway,  river, 
run  or  channel,  or  patrolling  the  banks  of  such 
waterway,  river,  run  or  channel,  and  stamping, 
jumping,  shouting,  pounding,  beating  or  splashing 
the  water,  beating  or  pounding  the  banks,  or  boat, 
while  a  seine  or  net  is  set,  drawn,  held  or  used  in 
such  waterway,  river,  run  or  channel,  with  intent  to 
drive  fish  into  such  seine,  or  net,  which  acts  are 
commonly  known  as  thumping,  are  hereby  for- 
•  bidden. 

§  129.  Carp  not  to  be  placed  in  certain  waters. 
—  No  person  shall  put  or  place  in  the  waters  of 
Conesus  lake,  Keuka  lake  and  Hemlock  lake,  in  the 
counties  of  Livingston,  Yates  and  Steuben,  in  Nas- 
sau lake  in  Rensselaer  county,  or  in  any  waters  in- 
habited by  trout  or  bass  any  fish  commonly  known 
as  carp,  nor  shall  any  person  put  or  place  in  such 
waters  the  spawn  of  such  fish,  or  use  such  fish  as 
bait  in  the  waters  thereof. 


The  Forest,  Fish  and  Game  Law,  87 

§  130.  Taking  fish  in  Lake  Champlain;  regu- 
lations.—  No  fish  shall  be  taken  through  the  ice 
in  the  wat3rs  of  Lake  Champlain  less  than  six 
inches  in  length.  This  section  shall  not  apply  to 
game  fish  for  which  there  is  a  close  season. 

§  131.  Polluting  streams. —  No  dyestuffs,  coal 
tar,  refuse  from  a  gas  house,  sawdust,  shavings, 
tanbark,  lime  or  other  deleterious  or  poisonous  sub- 
stance shall  be  thrown  or  allowed  to  run  into  any 
waters,  either  private  or  public,  in  quantities  injuri- 
ous to  fish  life  inhabiting  the  same  or  injurious  to 
the  propagation  of  fish  therein. 

§  132.  Polluting  of  waters  used  i)y  state  fish 
hatcheries. —  No  person  shall  erect  or  maintain 
any  privy,  water-closets,  pigsty,  hogpen,  inclosure  for 
poultry,  barn  or  barnyard  in  which  animals  or  poul- 
try are  kept,  or  drran  from  any  building  or  the  cel- 
lar thereof,  where  drainage  or  refuse  therefrom  will 
flow  into  or  find  its  way  into  water  used  by  any  fish 
hatchery  operated  by  the  state,  or  into  any  pond, 
creek  or  stream  used  in  connection  therewith.  Every 
such  privy,  water-closet,  pigsty,  hogpen,  inclosure, 
barn,  barnyard  and  drain  is  hereby  declared  to  be  a 
public  nuisance  and  may  be  summarily  abated  by  the 
commission.  No  person  shall  place  sewage  or  other 
matter  injurious  to  fish  where  the  same  can  find  its 
way  into  water  used  by  any  fish  hatchery  operated 
by  the  state,  or  suffer  the  same  to  be  done  from, 
over  or  through  premises  owned  or  occupied  by 
him. 

§  133.  Drawing  off  water  forbidden. —  Fish  shall 
not  be  taken  by  shutting  or  drawing  off  water  for 


88-  The  Forest,  Fish  and  Game  Law. 

that  purpose.  But  the  commission  may  permit 
owners  or  persons  in  charge  of  private  ponds,  reser- 
voirs or  waters  of  the  state,  to  remove  therefrom 
carp,  pickerel  or  other  fish  by  any  device. 

§  134.  Streams  not  to  be  obstructed. —  Except 
as  provided  in  section  one  hundred  and  twenty- 
three,  or  as  directed  by  the  commissioner,  no  per- 
son shall  by  means  of  any  rack,  screen,  weir  or  other 
obstruction  in  any  creek,  stream  or  river,  prevent 
the  passage  o.f  fish  protected  by  law.  (As  am'd  by 
chap.  474,  .Laws  of  1909.) 

§  135.  Explosives  prohibited. —  Fish  shall  not 
be  taken  by  means  of  explosives.  Except  for  min- 
ing or  mechanical  purposes,  dynamite  or  other  ex- 
plosive shall  not  be  used  in  any  of  the  waters  of 
this  state,  or  possessed  upon  the  shores  or  islands 
of  the  waters  thereof.  Possession  thereof  by 
any  person  on  the  shores  or  islands  of  the  waters 
of  this  state  shall  be  presumptive  evidence  that  the 
same  is  possessed  for  use  in  violation  of  the  pro- 
visions of  this  section.  (As  am'd  by  chap.  657, 
Laws  of  1910.) 

§  136.  Acquisition  of  land  and  water  for  propa- 
gation of  fish. —  The  forest,  fish  and  game  com-* 
missioner  may  enter  on  and  take  possession  of  any 
land  and  water  that  in  his  judgment  is  necessary  for 
the  purposes  of  artificial  propagation  of  food  and 
game  fish  for  restocking  the  public  waters  of  the 
state. 

§  137.  State  engineer  and  surveyor  to  make  de- 
scription of  land  and  water  appropriated. —  Upon 
the  request  of  the   said  commissioner,   an  accurate 


The  Forest,  Fish  and  Game  Law.  89 

description  of  such  lands  and  waters  so  entered  and 
appropriated,  shall  be  made  by  the  state  engineer 
and  surveyor  and  certified  by  him  to  be  correct,  and 
the  said  commissioner  shall  indorse  on  such  descrip- 
tion a  certificate  stating  that  the  lands  and  waters 
described  therein  have  been  appropriated  by  the 
state  for  fish  hatchery  purposes.  Such  description 
and  certificate  shall  be  filed  in  the  ofiice  of  the 
clerk  of  the  county  where  the  land  and  water 
covered  thereby  are  located. 

§  138.  Service  of  notice. —  The  said  commis- 
sioner shall  thereupon  cause  a  duplicate  of  said  de- 
scription and  certificate,  with  notice  of  the  date  of 
filing  thereof  in  said  county  clerk's  ofiice,  to  be 
served  on  the  owner  or  owners  of  the  land  and 
water  appropriated;  and  from  the  time  of  such  ser- 
vice the,  entry  upon,  and  appropriation  by  the  people 
of  the  state  of  the  property  described  in  such 
notice,  shall  be  deemed  complete  and  the  said  prop- 
erty be  deemed  owned  by  the  state.  Service  of  the 
notice  by  the  said  commissioner  must  be  personal  if 
the  person  to  be  served  can  be  found  in  the  state. 
The  provisions  of  the  code  of  civil  procedure  relat- 
ing to  the  service  of  a  summons  in  an  action  in 
the  supreme  court,  except  as  to  publication,  apply, 
so  far  as  practicable,  to  the  service  of  such  a  notice. 
If  a  person  to  be  served  cannot  with  due  diligence 
be  found  in  the  state,  a  justice  of  the  supreme 
court  may,  by  order,  direct  the  manner  of  such  ser- 
vice, and  service  shall  be  made  accordingly.  The 
county  clerk  shall  upon  receipt  of  proof  of  due 
service  upon  the  owner  of  said  duplicate  description, 
certificate  and  notice  of  filing,  record  the  same  in 
the  books  for  recording  deeds  of  real  estate. 


go  The  Forest,  Fish  and  Game  Law, 

§  139.  Adjustment  of  claims  by  agreement. — 
Claims  for  the  value  of  the  property  taken  by  any 
such  appropriation  may  be  adjusted  by  the  commis- 
sioner, if  the  amount  thereof  can  be  agreed  upon 
with  the  owner  or  owners  thereof.  The  amount 
so  fixed  shall  be  paid  out  of  any  funds  appropriated 
for  fish  hatchery  purposes,  by  the  treasurer  upon  the 
warrant  of  the  comptroller. 

§  14U.  When  claims  may  be  presented  to  court 
of  claims. —  If  the  commissioner  and  the  owner 
or  owners  are  unable  to  agree  upon  the  value  of 
the  property  appropriated,  within  two  years  after 
the  service  of  notice  of  appropriation  as  above 
specified,  any  such  owner  may  present  to  the  court 
of  claims  a  claim  for  the  value  of  such  land  and 
the  said  court  shall  have  jurisdiction  to  hear  and 
determine  such  claim  and  render  judgment.  Upon 
filing  in  the  office  of  the  said  commissioner  and  of 
the  comptroller  a  certified  copy  of  the  final  judg- 
ment of  the  court  of  claims,  and  a  certificate  of  the 
attorney-general  that  no  appeal  from  such  judgment 
has  been  or  will  be  taken  by  the  state,  or  if  an  ap- 
peal has  been  taken  a  certified  copy  of  the  final 
judgment  of  the  appellate  court,  affirming  in  whole 
or  in  part  the  judgment  of  the  court  of  claims, 
the  comptroller  shall  issue  his  warrant  for  the  pay- 
ment of  the  amount  due  the  claimant  by  such  judg- 
ment, with  interest  from  the  date  of  the  judgment 
until  the  thirtieth  day  after  the  entry  of  such  final 
judgment,  and  such  amount  shall  be  paid  by  the 
treasurer. 

§  141.  Nets  to  be  destroyed  by  game  protectors. 

—  Nets,  seines,  pounds  or  other  devices  not  author- 


The  Forest,  Fish  and  Game  Law.  91 

ized  by  law,  had,  set  or  used  in  or  upon  any  of  the 
waters  or  shores  thereof  or  islands  of  this  state  are 
hereby  declared  to  be  public  nuisances  and  shall 
be  summarily  seized,  abated  and  destroyed  by  any 
game  protector,  or  may  be  by  a  private  person ;  pro- 
vided, however,  that  the  forest,  fish  and  game  com- 
missioner may  direct  a  game  protector  to  retain 
certain  nets  or  seines  for  the  use  of  the  state  hatch- 
eries. No  action  for  damages  shall  be  maintained 
for  such  seizure,  retention  or  destruction. 

§  142.  Seizure  of  nets;  expenses;  regulations  in 
certain  counties. —  The  reasonable  expense  of  the 
seizure,  removal  or  destruction  of  any  net,  pound 
or  other  illegal  device  shall  be  a  county  charge 
against  the  county  in  which  the  same  shall  be  seized, 
and  shall  be  audited  and  paid  as  a  county  charge  on 
verified  statement  of  the  game  protector  making 
the  seizure,  stating  che  time  and  place  of  such 
destruction,  the  name  of  the  person  or  persons  em- 
ployed, the  time  spent  and  money  paid,  if  any, 
therein.  The  board  of  supervisors  of  any  county 
may  by  resolution  make  such  further  regulation  as 
to  establishing  and  destroying  the  same  as  they 
deem  proper. 

§  143.  Penalties. —  A  person  who  violates  any 
of  the  provisions  of  this  article  is  guilty  of  a  mis- 
demeanor and  in  addition  thereto  is  liable  as  fol- 
lows: For  each  violation  of  section  one  hundred 
and  eight  in  relation  to  waters  inhabited  by  trout, 
of  section  one  hundred  and  nine  in  relation  to  the 
taking  and  possession  of  lake  trout,  section  one  hun- 
dred and  twenty-five  relating  to  the  taking  of  fish 
by  any  device  other  than  angling,  a  penalty  of  sixty 


.92  The  Forest,  Fish  and  Game  Law. 

dollars  and  an  additional  penalty  of  ten  dollars  for 
each  fish  taken  or  possessed  in  violation  thereof; 
af  sections  one  hundred  thirty-one  and  one  hundred 
thirty-two  in  relation  to  polluting  streams,  section 
one  hundred  thirty-three  relating  to  drawing  of 
water,  section  one  hundred  and  thirty-five  in  rela- 
tion to  explosives,  he  shall  be  liable  to  imprison- 
ment for  not  exceeding  one  year  and  in  addition 
thereto,  is  liable  to  a  penalty  of  five  hundred  dol- 
lars and  an  additional  penalty  of  ten  dollars  for 
each  fish  taken  or  possessed,  bought  or  sold  in 
violation  thereof;  section  one  hundred  and  ten  in 
relation  to  transportation  of  fish,  section  one  hun- 
dred and  twenty-eight  in  relation  to  thumping,  and 
section  one  hundred  and  twenty-nine  relative  to 
carp  in  Conesus  and  Hemlock  lakes  in  the  county 
of  Livingston,  a  penalty  of  sixty  dollars;  for  all 
other  violations  of  said  article,  a  penalty  of  twenty- 
five  dollars  and  an  additional  penalty  of  ten  dol- 
lars for  each  fish  taken  or  possessed  in  violation 
thereof.     (As  am'd  by  chap.  6s7,  Laws  of  1910.) 


ARTICLE    IX. 
Fisb,   Local  Provisions. 

Section  144.  Fishing  in  Niagara  river. 

145.  Nets  in  Lakes  Ontario  and  Erie. 

146.  Nets    in    Chaumont   bay   and   adjacent 

waters. 

147.  Nets   in   Hudson  and  Delaware   rivers 

and  adjacent  waters. 

148.  Richmond  county  and  Raritan  bay." 

149.  Nets   prohibited    in   Harlem    river   and 

adjacent  waters. 


The  Forest,  Fish  and  Game  Law.  93 

Section  150.  Fishing   in   Seneca    and    Cayuga   lakes. 

151.  Fishing  in  Otsego  lake. 

152.  Fishing  in  Chautauqua  and  Cattaraugus 

counties. 

153.  Spearing,  hooking  and  set  lines. 

154.  Warren,  Essex,  Washington  and   Sara- 

toga  counties,   certain   waters. 

155.  Extension    of   close   seasons. 

156.  Nonresident  fish  license. 

157.  Dutchess    and    Sullivan    counties. 

158.  Fish  not  to  be  taken  by  set  lines,  tip- 

ups  or  spearing  in  Young's  lake  and 
Weaver's    lake    in   Herkimer   county. 

159.  Transportation  of  fish  from  the  prov- 

ince of  Quebec. 

160.  Penalties. 

§  144.  Fishing  in  Niagara  river. — When  licensed 
by  the  commission,  seines  may  be  used  in  the 
Niagara  river  in  November,  December,  January  and 
March  to  take  fish,  except  black  bass,  lake  trout, 
whitefish  and  maskalonge.  Fish  except  black  bass, 
yellow  pike,  lake  trout,  whitefish,  pickerel  and 
maskalonge  may  be  taken  by  seine,  machine  or  trap 
by  citizens  of  the  state  in  that  part  of  the  Niagara 
river  in  the  town  of  Lewiston,  Niagara  county,  dur- 
ing the  time  when  Canadians  may  lawfully  fish  with 
such  devices  in  said  river  on  the  Canada  side  oppo- 
site the  town  of  Lewiston,  provided  a  license  there- 
for has  been  granted  by  the  commission,  and  pro- 
vided that  lake  trout  and  whitefish  can  not  be  taken 
during  November  and  December.  The  commission 
shall,  on  the  execution  of  a  satisfactory  bond,  con- 
ditioned for  the  payment  to  the  people  of  the  state 
of  the  sum  of  one  hundred  dollars,  if  the  holder  of 


94  The  Forest,  Fish  and  Game  Law. 

the  license  shall  violate  any  of  the  provisions  of  this 
chapter  as  to  the  Niagara  river,  while  the  license 
is  in  force,  and  upon  the  payment  of  five  dollars 
for  each  seine,  machine  or  trap  license,  grant  such 
a  license,  unless  the  applicant  has  been  convicted 
of  violating  a  provision  of  this  chapter,  or  his  bond 
adjudged  forfeited.  Fish  which  may  not  be  law- 
fully taken  under  the  provisions  of  this  section, 
shall,  if  unintentionally  taken,  be  immediately  re- 
turned to  the  water  alive  and  without  unnecessary 
injury.  Fish  which  may  be  lawfully  taken  with  nets 
may  be  speared  between  the  falls  of  Niagara  and 
the  north  line  of  the  village  of  Lewiston. 

§  145.  Nets  in  Lakes  Ontario  and  Erie. —  Fish 
may  be  taken  with  nets,  in  the  waters  of  Lake  Erie 
except  within  one-half  mile  of  the  shores  or  islands 
thereof,  and  within  five  miles  of  the  mouth  of  Cat- 
taraugus creek  during  the  open  season;  and  in  Lake 
Ontario  except  within  one  mile  of  the  shores  or 
islands  thereof  and  within  three  miles  of  the  mouth 
of  the  Niagara  river  during  the  open  season;  but 
in  the  county  of  Erie  pound  nets,  trap  nets  or  fyke 
nets  shall  not  be  used.  Fishermen  licensed  to  fish 
in  said  lakes  may  hang  or  reel  licensed  nets  on  the 
shores  thereof  to  clean  and  dry  the  same. 

§  146.  Nets  in  Chaumont  bay  and  adjacent 
waters. —  The  waters  and  bays  of  Lake  Ontario, 
in  the  county  of  Jefferson,  within  one  mile  of  the 
shore,  between  Horse  Island,  in  the  town  of  Houns- 
field,  and  the  town  line  between  the  towns  of  Lyme 
and  Cape  Vincent,  except  the  waters  within  one  mile 
of  Stony  Island,  Calf  Island  or  of  the  Galloup 
Islands,  are  so  far  excepted  from  the  provisions  of 


The  Forest,  Fish  and  Game  Law.  95 

this  chapter  as  to  permit  the  taking  of  fish  by  nets 
therein  from  October  first  to  April  thirtieth,  except 
lake  trout  and  whitefish  in  November  and  December, 
provided  that  a  net  shall  not  be  set  until  license 
therefor  has  been  granted  by  the  commission  and  the 
commission  shall  have  the  power  to  determine  the 
location  thereof.  The  commission  shall  on  the  exe- 
cution of  a  satisfactory  bond,  conditioned  for  the 
payment  to  the  people  of  the  state  of  the  sum  of 
one  hundred  dollars  if  the  holder  of  the  license 
shall  violate  any  of  the  provisions  of  this  section 
as  to  black  bass  or  maskalonge  while  the  license 
is  in  force,  grant  such  a  license  and  may  license 
the  use  of  sturgeon  nets  of  not  less  than  five-inch 
bar  at  any  time  or  of  hoop  or  fyke  and  trap  nets 
during  the  month  of  May  unless  the  applicant  has 
been  convicted  of  violating  this  section  or  his  bond 
adjudged  forfeited.  The  license  fee  shall  be  fixed 
by  the  commission.  All  black  bass  and  maskalonge 
caught  in  nets  set  pursuant  to  this  section  shall  be 
immediately  returned  to  the  water.  {As  am'd  by 
chap.  474,  Laws  of  1909.) 

§  147.  Nets  in  Hudson  and  Delaware  rivers 
and  adjacent  waters. —  From  March  fifteenth  to 
June  fifteenth,  both  inclusive,  shad  and  herring  may 
be  taken  in  the  Delaware  river  and  that  part  of 
the  Hudson  river  below  the  dam  at  Troy,  with  nets 
operated  by  hand  only;  and  in  Catskill  creek  below 
Cook's  dam,  so  called,  with  scoop  nets,  dip  nets 
and  scap  nets.  No  such  net  shall  be  set,  placed  or 
drawn  or  fish  taken  therefrom  between  sunset  on 
Thursday  and  sunrise  on  Monday,  unless  by  reason 
of  inclemency  of  the  weather,  it  can  not  be  drawn 
before  sunset  on  Thursday  when  it  may  be  drawn 


96  The  Forest,  Fish  and  Game  Law. 

on  Friday.  From  September  first  to  May  thirtieth, 
both  inclusive,  fish  except  salmon,  black  bass,  trout 
and  pike-perch,  and  except  also  during  March  and 
April  pickerel  and  pike  may  be  taken  with  nets  in 
the  Hudson  river  below  the  dam  at  Troy,  Wap- 
pinger's  creek  below  the  falls  at  Hibernia,  Rondout 
creek  below  the  dam  at  Eddyville,  and  with  scap 
nets,  scoop  nets  and  dip  nets  in  Catskill  creek  below 
Cook*s  dam,  so  called,  and  in  the  Ten  Mile  river 
in  the  town  of  Dover.  From  June  first  to  Sep- 
tember first,  both  inclusive,  sturgeon  may  be  taken 
in  the  Hudson  river  with  sturgeon  nets  of  not  less 
than  eleven-inch  mesh.  (As  am'd  by  chap.  6^7, 
Laws  of  191  o.) 

§  148.  Richmond  county  and  Raritan  bay. — 
Fish  except  shad  in  Raritan  bay  or  waters  adjacent 
thereto  in  Richmond  county  shall  not  be  taken  ex- 
cept by  angling.  Shad  shall  not  be  taken  except 
by  shad  nets  from  March  fifteenth  to  June  fifteenth, 
both  inclusive. 

§  149.  Nets  prohibited  in  Harlem  river  and  ad- 
jacent waters. —  Nets  other  than  nets  used  for 
catching  lobsters  or  crabs  shall  not  be  used  in 
Harlem  river,  East  river  or  Long  Island  sound  from 
Hell  Gate  to  the  northern  boundary  line  of  the  city 
of  New  York,  or  in  any  of  the  bays,  creeks,  or 
confluent  brooks  within  said  limits. 

§  150.  Fishing  in   Seneca  and  Cayuga  lakes. — 

Nets   or   seines   the  meshes   of  which   shall  not  be 

less  than  two-inch  bar,  may  be  used  in  Seneca  lake 

and  in  that  portion  of  Cayuga  lake  lying  south  of  a 

.  straight   line   drawn   from   East  Varick  to   Lavana 


The  Forest,  Fish  and  Game  Law.  97 

and  north  of  a  straight  line  drawn  from  Glenwood 
to  Esty  Glen  from  May  first  to  September  fifteenth, 
both  inclusive.     (As  am'd  by  chap.  474,  Laws  1909.) 

§  151.  Fishing  in  Otsego  lake. —  Frostfish, 
whitefish,  Otsego  bass  and  lake  trout  may  be  taken 
by  angling,  from  January  first  to  October  thirty- 
first,  both  inclusive,  from  Otsego  lake,  Otsego 
county.  Nets  and  net  fishing  are  prohibited  at  all 
times  excepting  the  use  of  minnov^r  nets  as  li- 
censed b}'-  the  forest,  fish  and  game  commission, 
and  also  excepting  the  use  of  gill  nets  as  herein- 
after provided.  Frostfish,  v^rhitefish  and  Otsego 
bass  may  be  taken  in  gill  nets  having  meshes 
of  not  less  than  one  and  three-quarter  inch  bar, 
and  not  exceeding  sixty  rods  in  length,  from  July 
first  to  August  thirty-first,  both  inclusive,  provid- 
ing a  license  shall  have  been  granted  therefor  by 
the  forest,  fish  and  game  commission.  Each  fisher- 
man shall  be  limited  to  one  net,  and  each  net  shall 
be  buoyed  and  tagged  with  the  name  of  the  owner. 
No  license  shall  be  granted  to  any  person  under 
twenty-one  years  of  age.  Possession  of  nets  other 
than  as  provided  for  by  this  section,  at  any  time 
by  any  person  within  five  hundred  feet  of  the  shores 
of  Otsego  lake,  Otsego  county,  shall  be  presumptive 
evidence  that  the  same  were  unlawfully  used.  Pos- 
session of  frostfish,  whitefish,  Otsego  bass,  lake 
trout  or  trout,  from  the  first  day  of  November  to 
the  thirty-first  day  of  December,  both  inclusive,  by 
any  person  in  Otsego  county,  shall  be  presumptive 
evidence  that  the  same  were  unlawfully  taken  from 
the  waters  of  said  lake.  Lake  trout  may  be  taken 
by  angling  from  January  first  to  October  thirty-first, 
both  inclusive.     Set  lines    are  prohibited  at  all  times. 


98  The  Forest,  Fish  and  Game  Law. 

Eel  pots  of  such  form  as  may  be  prescribed  by  the 
forest,  fish  and  game  commission  may  be  used  at 
any  time.     (As  am'd  by  chap.  657,  Laws  of  1910.) 

§  152.  Fishing  in  Chautauqua  and  Cattaraugus 
:ounties. —  Maskalonge,  black  bass,  or  yellow  bass 
shall  not  be  fished  for,  taken  or  possessed  in  Chau- 
tauqua and  Cattaraugus  counties  from  October  six- 
teenth to  June  fifteenth,  both  inclusive,  unless  by 
the  state  for  the  purposes  of  propagation.  Maska- 
longe, black  bass  or  yellow  bass  shall  not  be  fished 
for,  or  taken  from  any  of  the  waters  of  Chautauqua 
or  Cattaraugus  counties  on  any  day  after  dark  and 
before  daylight.  Maskalonge  less  than  twenty-four 
inches  in  length  shall  not  be  taken  from  any  of  the 
waters  of  said  counties.  Bullheads  may  be  fished 
for  and  taken  through  the  ice  with  hook  and  line 
baited  with  angle-worms  in  an]^  of  the  lakes  of  such 
counties.  The  provisions  of  this  section  shall  not 
apply  to  Bear  lake  in  Chautauqua  county.  (As 
am'd  by  chap.  474,  Laws  of  1909.) 

§  153.  Spearing,  hooking  and  set  lines. —  Suckers, 
bullheads,  eels  and  dogfish  may  be  speared  in  the 
Delaware  river  in  Sullivan  and  Delaware  counties, 
and  in  Sandsburg  creek,  town  of  Wawarsing,  in 
Ulster  county,  from  the  Center  street  bridge  in 
Ellenville  to  Port  Hixon  dam  on  said  stream,  from 
April  first  to  September  thirtieth,  both  inclusive; 
and  Shadow  creek  and  Hayden  creek  in  the  town 
of  Springfield,  Otsego  county,  from  March  first  to 
May  first,  inclusive;  and  in  the  Hyder  creek.  Fish 
creek,  Mink  creek  and  Herkimer  creek  in  the  towns 
of    Richfield    and    Exeter,    inclusive,    provided    that 


The  Forest,  Fish  and  Game  Law.  99 

spearing  shall  not  be  allowed  hereunder  within 
twenty  rods  from  the  point  where  such  creeks  empty 
into  Schuyler  lake;  and  in  the  creeks  in  Orleans 
county  excepting  Sandy  creek,  Oak  Orchard  creek 
and  Johnson's  creek,  between  the  fifteenth  day  of 
March  and  the  thirtieth  day  of  April,  inclusive;  and 
in  the  tributaries  of  Lake  Ontario  from  the  mouth 
of  the  Niagara  river  to  the  boundary  line  between 
Niagara  and  Orleans  counties,  suckers,  bullheads, 
eels,  dogfish  and  carp  may  be  speared  from  March 
first  to  May  fifteenth,  both  inclusive;  and  in  the 
waters  of  Lake  Ontario  in  the  towns  of  Ellisburg, 
Henderson,  Hounsfield  and  Brownville  in  Jefferson 
county,  and  in  the  waters  of  the  towns  of  Lexington 
and  Prattville  in  Greene  county,  at  any  time.  Such 
fish  may  be  taken  from  December  first  to  May  fif- 
teenth, both  inclusive,  by  hooking,  in  Oneida  lake, 
Oneida  river,  Onondaga  lake,  in  the  Delaware  and 
Charlotte  rivers  and  their  tributary  streams  in  the 
counties  of  Delaware  and  Sullivan,  in  the  Schoharie 
river  and  its  tributary  streams  in  Schoharie  and 
Greene  counties,  and  in  the  waters  of  Cortland, 
Tioga,  Broome,  Chenango  and  Otsego  counties. 
Fish,  except  lake  trout,  black  bass  and  pike  perch, 
may  be  taken  through  the  ice  with  a  hook  and  line 
in  Canandaigua  lake,  except  during  the  months  of 
March  and  April.  Any  fish,  except  lake  trout,  black 
bass  and  pike  perch,  may  be  taken  in  said  lake  by 
spearing  except  during  the  months  of  April,  May 
and  June.  And  any  fish  except  black  bass  and  pike 
perch  may  be  taken  in  Seneca  lake  by  spearing  from 
April  fifteenth  to  June  fifteenth,  both  inclusive.  Set 
lines  not  more  than  five  hundred  feet  in  length  with 
one  end  thereof  attached  to  the  shore,  may  be  used 
to  take  fish  in  Canandaigua  lake  and  Lake  Keuka. 


100  The  Forest   Fish  and  Game  Law. 

The  hooks  not  to  be  baited  with  minnows.  It  shall 
be  unlawful  to  use  upon  a  line  for  taking  fish  in 
the  waters  of  Lake  Keuka  more  than  six  hooks,  or 
any  contrivance  having  more  than  six  hooks  or  more 
than  two  burrs  of  three  hooks  attached  thereto.  The 
provisions  of  this  section  shall  not  apply  to  streams 
inhabited  by  trout,  but  nothing  in  this  article  shall 
be  taken  as  prohibiting  the  taking  by  hooking  of 
suckers,  bullheads,  eels,  dogfish,  and  carp  from  De- 
cember first  to  May  fifteenth,  both  inclusive,  in  Dela- 
ware and  Sullivan  counties  in  Delaware  river  below 
Brookdale  bridge  in  the  town  of  Roxbury  on  the 
east  branch  and  below  the  inlet  of  Robinson  pond  in 
the  town  of  Stamford  on  the  west  branch,  or  in 
the  Charlotte  river  below  the  bridge  in  the  village 
of  Davenport.  {As  anid  by  chap.  474,  Laws  of 
1909  and  chap.  657,  Laws  of  1910.) 

§  154.  Warren,  Essex,  Washington  and  Sara- 
toga counties,  certain  waters. —  Pike,  perch  or 
great  northern  pike  may  be  taken  from  the  waters 
of  Lake  George  from  June  sixteenth  to  December 
thirty-first,  both  inclusive.  Bullheads  may  be  taken 
from  Lake  George  from  July  first  to  December 
thirty-first,  both  inclusive.  Black  bass  may  be 
taken  in  Lake  George  and  Schroon  lake  from. 
August  first  to  December  fifteenth,  both  inclusive. 
Black  bass  may  be  taken  in  the  town  of  Horicon  and 
in  Trout  lake  in  the  town  of  Bolton  from  July 
eleventh  to  December  thirty-first,  both  inclusive. 
Perch  may  be  taken  through  the  ice  by  angling  in 
Lake  George.  In  Glen  lake  and  tributaries,  pick- 
erel, pike  and  perch  may  be  taken  from  June  six- 
teenth  to    October    thirty-first,    both    inclusive,    and 


The  Forest,  Fi^h  and  Game  Law.  ^         loi 

black  bass  and  bullheads  from '  August  first  to  OC' 
tober  thirty-firs^t,  both  inclusive.  Perch  shall  not  be 
taken  from  the  waters  in  Saratoga  county  from  Feb- 
ruar}^  first  to  May  first,  both  inclusive.  None  of  the 
fish  named  in  this  section  shall  be  taken  at  any 
other  time  than  as  above  specified,  nor  shall  they 
be  taken  by  any  other  method  than  anglin^g.  (As 
am'd  by  chap.  6S7,  Laws  of  1910.) 

§  155.  Extension  of  close  seasons. —  There  shall 
be  the  following  extension  of  close  seasons: 

1.  Fall  creek,  Ithaca. —  There  shall  be  no  open 
season  for  fish  in  that  part  of  Fall  creek  between 
Lake  street  bridge  in  the  city  of  Ithaca  and  Ithaca 
falls  including  the  pool  at  the  foot  of  the  falls. 

2.  Silver  lake. —  Fish  shall  not  be  taken  in  the 
waters  of  Silver  lake,  Wyoming  county,  or  the 
marshes  adjoining  said  lake  during  the  months  of 
March  and  April.  Great  northern  pike  and  pickerel 
less  than  fifteen  inches  in  length  and  wall-eyed  pike 
and  yellow  pike  less  than  twelve  inches  in  length 
shall  not  be  taken  in  the  waters  of  Silver  lake. 

3.  Saint  Lawrence  river. —  Pickerel  less  than 
twenty  inches  in  length  shall  not  be  taken  in  the 
Saint  Lawrence  river,  and  not  more  than  twelve 
by  one  person  in  one  day. 

4.  Oil  creek  reservoir. —  Fish  shall  not  be  taken 
from  the  waters  of  Oil  creek  reservoir,  in  the  county 
of  Allegany,  or  from  its  tributaries  within  one  mile 
thereof,  from  the  first  day  of  March  to  the  fifteenth 
day  of  May,  both  inclusive.  The  open  season  for 
black  and  Oswego  bass  in  such  reservoir  and  its 
tributaries  within  one  mile  thereof,  shall  be  from 
Jime  sixteenth  to  December  thirty-first,  both  in- 
clusive. 


10 i  The  Forest.  Fish  and  Game  Law. 

§  156.  Non-resident  fish  license.— On  fresh 
water  forming  a  part  of  the  state  boundaries  or 
tlirough  which  the  state  boundary  runs,  no  nonresi- 
dent of  the  state  shall  take  any  kind  of  fish  in  that 
part  thereof  within  this  state  unless  residents  of  this 
state  may  lawfully  take  the  same  kind  of  fish  in 
such  part  of  said  waters  as  are  not  within  the  state, 
during  the  open  season  therefor  in  the  state  or 
county  in  which  such  waters  are  situated.  If  any 
license  fee  to  take  such  fish  in  waters  not  in  this 
state  be  required  of  a  resident  of  this  state  a  non- 
resident may  take  the  same  kind  of  fish  in  such 
waters  within  the  state,  if  a  license  so  to  do  shall 
have  been  first  obtained  from  the  commissioner. 
Nor  shall  any  nonresident  take  fish  by  spearing  in 
this  state  except  on  a  like  license,  if  there  is  any 
discrimination  by  requiring  a  license  or  otherwise 
in  the  state  or  country  where  such  nonresident  re- 
sides against  residents  of  New  York  in  taking  fish 
in  such  state  or  country. 

§  157.  Dutchess  and  Sullivan  counties. — 
Suckers  may  be  taken  with  nets  through  the  ice 
in  Crumelbow  creek  in  the  towns  of  Hyde  Park 
and  Clinton,  Dutchess  county,  and  by  hooking 
through  the  ice  from  the  waters  in  Sullivan 
county.     (As  am'd  by  chap.  655,  Laws  of  1910.) 

§  158.  Fish  not  to  be  taken  by  set  lines,  tip-ups 
or  spearing  in  Young's  lake  and  *  Weavers'  lake 
in  Herkimer  county. —  Until  the  first  day  of  June, 
nineteen  hundred  and  eleven,  no  fish  shall  be  taken 
in  Young's  lake  or  *  Weavers*  lake  in  the  town  of 
Warren,  in  Herkimer  county,  by  means  of  set  lines 

*So  in  original. 


The  Forest,  Fish  and  Game  Law.  103 

or  tip-ups,  nor  until  said  first  day  of  June,  nineteen 
hundred  and  eleven,  shall  any  fish  excepting  suckers 
be  taken  with  spears  in  said  lakes. 

§  159.  Transportation  of  fish  from  the  province 
of  Quebec. —  No  transportation  company,  cor- 
poration, association  or  person  shall  transport  into 
this  state,  or  possess,  any  fish  caught  in  that  portion 
of  Lake  Champlain  or  its  tributaries  known  as  Mis- 
sisquoi  bay,  lying  and  being  in  the  province  of 
Quebec,  or  the  Richelieu  river,  which  is  the  out- 
let of  said  lake,  at  any  time.  Any  transportation 
company,  corporation,  association  or  person  violat- 
ing the  provisions  of  this  section  is  guilty  of  a  mis- 
demeanor, and  liable  to  a  penalty  of  sixty  dollars 
and  ten  dollars  for  each  fish  transported  in  viola- 
tion of  the  provisions  of  this  section.  The  forest, 
fish  and  game  commission  is  hereby  authorized  to 
seize  and  confiscate  all  fish  coming  into  this  state 
from  the  points  herein  referred  to,  and  it  shall  be 
the  duty  of  every  game  protector  and  peace  officer 
to  seize  wherever  found  fish  shipped  in  violation  *in 
this  section  and  report  the  same  to  said  commis- 
sion who  shall  authorize  the  sale  of  said  fish,  the 
proceeds  thereof  after  paying  the  expenses  incurred 
to  be  turned  into  the  state  treasury. 

§  160.  Penalties. —  A  person  who  violates  any 
of  the  provisions  of  this  article  is  guilty  of  a  mis- 
demeanor, and  in  addition  thereto  is  liable  as  fol- 
lows:  For  each  violation  of  section  one  hundred 
and  fourteen  in  relation  to  placing  fish  in  the  Adi- 
rcndacks,  a  penalty  of  five  hundred  dollars ;  for 
every  other   violation   of   said   article    a   penalty   of 

*So  in  original. 


104  ^^^  Forest,  Fish  and  Game  Law. 

sixty  dollars  and  an  additional  penalty  of  ten  dol- 
lars for  each  fish  taken  or  possessed  in  violation 
thereof. 

ARTICLE    X. 

Fishways. 

Section  i6i.  Notice  of  construction  of  dam. 

162.  Fishways  ordered. 

163.  Fishways  in  Saint  Lawrence  and  Frank- 

lin counties. 

164.  Close  season  established  in  towns. 

165.  Power  to  take  fish. 

165-a.  Power  to  purchase  *fish  roe  or  fish 
eggs. 

166.  Penalties. 

§  161.  Notice  of  construction  of  dam. —  Before 
the  construction  of  a  dam  is  commenced  on  any 
stream  more  than  six  miles  long  inhabited  by  fish 
protected  by  this  chapter,  the  plan  thereof  and  a 
statement  of  the  name,  length  and  location  of  the 
stream  shall  be  given  to  the  commissioner  by  the 
person,  or  if  by  public  authority,  by  the  official  di- 
recting or  permitting  the  work. 

§  162.  Fishways  ordered. —  The  commissioner 
may  by  an  order  entered  in  his  minutes  and  served 
by  copy  on  any  person  or  official  direct  the  con- 
struction of  fishways  in  proper  form  in  any  dam, 
or  if  there  be  fishways,  such  changes  therein  as  will 
make  them  efficient.  Any  person  or  official  receiv- 
ing such  an  order  may  on  notice  to  the  commis- 
sioner,  apply   to   be   relieved  therefrom   to   the   su- 

*So  in  original.     See   §  165-a,   page  xo6. 


The  Forest,  Fish  and  Game  Law.  105 

preme  court,  which  shall  have  power  to  affirm,  re- 
verse or  modify  the  same  as  justice  requires. 

§  163.  Fishways  in  Saint  Lawrence  and  Frank- 
lin counties. —  No  person  shall  maintain  on  a 
river  in  Saint  Lawrence  or  Franklin  counties,  ex- 
cept the  Oswegatchie  above  the  natural  dam  at  Gou- 
verneur,  a  dam  without  a  slide,  apron,  Watergate  or 
other  passage  sufficient  to  permit  the  passage  of 
such  fish  as  enter  the  mouth  of  the  river  on  which 
the  dam  is  located.  And  no  such  slide,  apron, 
waste-gate  or  other  passage  shall  be  closed  or 
obstructed  after  the  ice  goes  out  in  the  spring  and 
before  June  first,  except  so  far  as  necessary  to 
supply  water  to  mills  dependent  on  such  dam.  A 
person  who  violates  any  provision  of  this  section 
is  liable  to  a  penalty  of  five  dollars  for  every  day 
such  violation   continues. 

§  164.  Close  season  established  in  towns. —  The 

commissioner  may  on  the  request  of  a  majority  of 
the  town  board  of  any  town  in  which  fish  have  been 
or  shall  be  placed  at  the  expense  of  the  state,  pro- 
hibit or  regulate  the  taking  of  fish  from  inland 
waters  therein,  for  not  exceeding  five  years,  from 
the  first  of  May  next  after  such  fish  have  been 
furnished.  At  least  thirty  days  before  such  pro- 
hibition or  regulation  shall  take  effect,  a  copy  of 
the  same  shall  be  filed  in  the  office  of  the  clerk 
of  the  town  to  which  the  prohibition  or  regulation 
applies,  and  printed  copies  thereof  at  least  one  foot 
square  shall  be  posted  along  the  shores  of  the 
waters  affected,  not  more  than  fifty  rods  apart. 
Whoever  shall  violate  or  attempt  to  violate  any 
such  prohibition  or  regulation  is  guilty  of  a  mis- 
demeanor, and  in  addition  thereto  shall  be  liable  to 


io6  The  Forest,  Fish  and  Game  Law. 

2l  penalty  of  sixty  dollars  for  each  violation  and 
an  additional  penalty  of  five  dollars  for  each  fish 
taken  or  possessed  in  violation  of  this  section. 

§  165.  Power  to  take  fish. —  The  commissioner 
may  take  fish  with  nets  at  such  times  and  in  such 
manner  as  he  may  deem  proper  for  the  artificial 
propagation  of  fish.  The  commission  may  also  re- 
move or  cause  to  be  removed  from  public  waters 
fish  which  hinder  or  prevent  the  propagation  of 
game  or  food  fish.  Such  removal  shall  be  eflfected 
by  such  means  and  under  such  regulations  as  the 
commissioner  may  provide.  Moneys  realized  from 
fish  so  removed  may  be  used  by  the  commissioner  in 
continuing  the  work  of  removal.  Any  person  not 
in  charge  of  a  state  net  who  shall  handle  or  take 
fish  while  confined  therein,  or  shall  fish  within  one 
hundred  feet  of  any  leader  or  net  in  use  by  the 
state  shall  be  guilty  of  a  misdemeanor. 

§  165-a.  Power  to  purchase  roe  or  fish  eggs. — 

The  forest,  fish  and  game  commissioner  may  pur- 
chase from  private  individuals,  or  corporations,  fish 
roe  or  fish  eggs,  giving  in  exchange  or  in  considera- 
tion .  therefor,  a  percentage  of  the  young  fish 
hatched  or  produced  at  any  of  the  fish  hatcheries 
of  the  state  from  the  eggs  so  purchased;  and  the 
placing  of  such  young  fish  in  waters  on  lands  oi 
such  individuals  or  corporations  shall  not  be  deemed 
a  stocking  of  such  lands  and  waters  thereon  with 
fish  by  the  state,  or  fish  from  state  hatcheries. 

§  166.  Penalties. —  In  case  of  the  failure,  refusal 
or  neglect  of  any  person  owning  or  maintaining  a 
dam,  to  comply  with  the  order  of  the  commissioner 
to   build,   repair   or   change   any   fishway,   or   if   re- 


The  Forest,  Fish  and  Game  Law.  107 

viewed  by  the  court,  the  final  order  relating  thereto, 
the  commissioner  may  build,  repair  or  change  the 
same  in  accordance  with  the  terms  of  the  order, 
and  in  the  name  of  the  people;  recover  of  such  per- 
son the  expenses  of  such  construction,  repairs  or 
changes,  and  the  same  shall  be  a  lien  on  the 
premises  upon  which  the  dam  is  located.  Such  per- 
son shall  also  be  liable  to  a  penalty  of  ten  dollars 
a  day  for  each  day  such  dam  shall  be  used  or 
maintained  in  violation  of  the  order,  which  may  be 
recovered  in  the  same  or  a  separate  action. 

ARTICLE     XI. 
Long  Island. 

Section  167.  Application  of  article. 

168.  Deer;  dogs. 

169.  Squirrels,  hares  and  rabbits. 

170.  Wtld  fowl. 
170-a.   (Repealed.) 

171.  Manner  of  hunting. 

172.  Meadow  hens  and  other  birds. 

173.  Woodcock,   grouse   and   quail. 

174.  Plover  and  other  birds. 

174-a.  Robbins   and  Gardiners  islands. 

175.  Trout. 

176.  Black  bass;  open  season. 

177.  Lake   trout   and    rainbow    trout;    oper 

season. 

178.  Jamaica  bay  and  adjacent  waters. 

179.  Size  of  meshes  in  Coney  island  creek 

180.  Supervisors    of    Queens,    Nassau    anc 

Suffolk  counties. 

181.  Jones   inlet   and  adjacent   waters. 

182.  Penalties. 


io8  The  Forest,  Fish  and  Game  Law. 

§  167.  Application  of  article. —  This  article  ap- 
plies only  to  the  counties  of  Kings,  Queens,  Nassau 
and  Suffolk,  and  to  Long  Island  sound,  except  that 
portion  of  said  territory  embraced  in  the  greater 
city  of  New  York,  and  shall  be  construed  with  the 
general  provisions  of  this  chapter  relating  to  fish 
and  game.  In  case  of  conflict  the  provisions  of  this 
article  shall  be  substituted  for  the  general  provisions 
so  far  as  it  affects  the  territory  herein  named;  but 
such  parts  of  the  general  provisions  as  are  not 
necessarily  superseded  shall  apply. 

§  168.  Deer. —  There  shall  be  no  open  season  for 
deer  for  the  period  of  three  years  from  the  time 
that  this  section,  as  hereby  amended,  takes  effect 
Deer  or  venison  taken  outside  of  the  territory 
herein  described  may  be  possessed  within  the 
four  counties  herein  named  at  all  times  when  it  is 
lawful  under  the  general  law  to  possess  the  same. 
The  burden  of  proof  shall  be  on  the  possessor 
thereof  to  show  that  the  same  was  lawfully  killed 
within  the  state  or  was  killed  without  the  state. 
(As  am*d  by  chap.  657,  Laws  of  1910.) 

§  169.  Squirrels,  hares  and  rabbits. —  The  open 
season  for  black  and  gray  squirrels,  hares  and  rab- 
bits shall  be  from  November  first  to  December 
thirty-first,  both  inclusive.  They  shall  not  be  taken 
or  possessed  at  any  other  time. 

S  170.  Wild  fowl. —  The  open  season  for  ducks, 
geese,  brant  and  swan  shall  be  from  October  first  to 
January  tenth,  both  inclusive,  and  may  be  possessed 
from  October  first  to  January  fifteenth,  both  inclu- 
sive.    They  shall  not  be  taken  in  the  night  between 


The  Forest,  Fish  and  Game  Law.  109 

sunset  and  sunrise.  They  shall  not  be  taken  or  pos- 
sessed at  any  other  time.  (As  am'd  by  chap.  657, 
Laws  of  1910.) 

§  170-a.  (Repealed  by  chap.  657,  Laws  of  1910.) 

§  171.  Manner  of  hunting. —  Ducks,  geese,  brant 
and  swan  may  be  taken  by  aid  of  any  floating  de- 
vice other  than  sailboats  or  power  boats,  at  any  dis- 
tance from  shore  in  Long  Island  sound,  in  Shinne- 
cock,  Gardiner  and  Peconic  bays  and  except  from 
September  thirtieth  to  October  nineteenth,  both  in- 
clusive, in  Great  South  bay  west  of  Smith's  point. 
Sailboats  may  be  used  in  Long  Island  sound,  Gar- 
diner and  Peconic  bays. 

§    172.    Meadow   hens    and    other   birds. —  The 

open  season  for  meadow  hens,  mud  hens  and  gal- 
linule  shall  be  from  August  sixteenth  to  December 
thirty-first,  both  inclusive.  They  shall  not  be  taken 
or  possessed  at  any  other  time. 

§  173.  Woodcock,  grouse  and  quail. —  The  open 
season  for  woodcock,  grouse  and  quail  shall  be 
from  November  first  to  December  thirty-first,  both 
inclusive.  Such  birds  shall  not  be  taken  or  possessed 
in  their  close  season. 

§  174.  Plover  and  other  birds.— The  open  sea- 
son for  plover,  curlew,  jacksnipe,  wilsons,  commonly 
known  as  English  snipe,  yellow  legs,  kildeer,  willett 
snipe,  surf  snipe,  winter  snipe,  ringnecks  and  oxeyes 
shall  be  from  July  sixteenth  to  December  thirty-first, 
both  inclusive.  They  shall  not  be  taken  or  possessed 
at  any  other  time. 


no  The  Forest,  Fish  and  Game  Law. 

§  174-a.  Robbins  and  Gardiiiers  islands. —  Quail 
and  English  pheasants  may  be  taken  on  Robbins 
island  as  long  as  it  remains  the  property  of  the 
Robbins  Island  Club,  and  on  Gardiners  island  from 
October  fifteenth  to  January  thirty-first,  both  in- 
clusive. Woodcock  may  be  taken  on  these  islands 
from  November  first  to  December  thirty-first,  both 
inclusive.     (As  am'd  by  chap.  656,  Laws  of  1910.) 

§  175.  Trout. —  The  open  season  for  trout  shall 
be  from  the  last  Friday  in  March  to  August  thirtieth, 
both  inclusive.  Trout  taken  lawfully  may  be  sold 
or  possessed  in  the  city  of  New  York  in  the  open 
season  established  by  this  section.  They  shall  not 
be  taken  or  possessed  at  any  other  time. 

§  176.  Black  bass;  open  season. —  The  open  sea- 
son for  black  bass  shall  be  from  May  thirtieth  to  De- 
cember thirty-first,  both  inclusive.  They  shall  not 
be  taken  or  possessed  at  any  other  time. 

§  177.  Lake  trout  and  rainbow  trout;  open  sea- 
son.—  The  open  season  for  lake  trout  and  rain- 
bow trout  shall  be  from  x\pril  first  to  September 
thirtieth,  both  inclusive.  They  shall  not  be  taken 
or  possessed  at  any  other  time. 

§  178.  Jamaica  bay  and  adjacent  waters. —  Ex- 
cept as  herein  provided,  fish  shall  not  be  taken,  nor 
shall  any  attempt  be  made  to  take  the  same,  by  any 
device  other  than  angling,  in  the  arm  of  the  sea 
between  Rockaway  point  and  Coney  island  or  any 
waters  northerly  of  a  line  drawn  from  the  extreme 
westerly  point  of  Rockaway  point  on  the  south  side 


The  Forest,  Fish  and  Game  Law.  iii 

to  the  centennial  tower  on  Coney  island  including 
Jamaica,  Flatlands,  Grassy  and  Sheepshead  bays  and 
all  other  bays  and  inlets  in  or  making  out  from 
said  arm  of  the  sea.  The  inlets  from  the  ocean  to 
said  bays  shall  not  be  obstructed  by  any  device  so 
as  to  prevent  the  passage  of  fish  at  any  time, 
provided  that  nets  may  be  used  from  October  tenth 
to  December  thirty-first  in  that  part  of  said  waters 
lying  southerly  of  Barren  island  and  toward  the  sea 
from  a  line  drawn  from  the  most  southerly  point  of 
Barren  island  to  the  northeasterly  point  of  Rock- 
away  point  and  a  line  drawn  from  the  most  westerly 
point  on  Barren  island  to  the  most  easterly  point  of 
Coney  island.  Refuse  and  debris  may  be  taken  with 
nets  having  meshes  with  not  less  than  a  six-inch  bar. 
Minnows  or  shrimp  for  bait  may  be  taken  by  hand 
nets  not  more  than  forty  feet  long  and  four  feet 
deep.  No  other  nets  shall  be  used  in  said  waters, 
and  should  such  other  nets  be  placed  in  said  waters 
it  shall  be  presumptive  evidence  of  an  unlawful  use. 
Angling  shall  always  be  lawful.  Eels  may  be  taken 
with  a  spear  or  eel  weir. 

§  179.  Size  of  meshes  in  Coney  island  creek. — 
Meshes  of  nets  used  in  Coney  island  creek,  or 
within  one-half  mile  of  the  mouth  thereof  in  Graves- 
end  bay,  shall  not  be  less  than  four  inches  square. 
Eel  and  flounder  hoop  nets  may  be  used  from  Oc- 
tober fifteenth  to  March  thirty-first,  both  inclusive, 
piovided  there  be  in  said  creek  at  low  tide  a  pas- 
sage unobstructed  by  nets  not  less  than  ten  feet 
wide  for  the  passage  of  boats  and  fish,  and  provided 
that  all  stakes  used  in  connection  with  said  nets 
shall  show  plainly  above  the  water  at  high  tide. 


112  The  Forest,  Fish  and  Game  Law. 

§  i8o.  Supervisors  of  Queens,  Nassau  and  Suf- 
folk counties. —  The  board  of  supervisors  of  the 
counties  of  Queens,  Nassau  and  Suffolk  may  re- 
spectively pass  laws  regulating  and  controlling  the 
taking  of  fish,  and  shellfish  in  arms  of  the  sea  and 
fish  bait  from  public  lands  of  such  counties,  and 
prescribe  what  violation  thereof  shall  be  punishable 
as  misdemeanors  and  impose  penalties,  the  same  to 
he  enforced  under  the  provisions  of  article  three  of 
this  chapter. 

§  i8i.  Jones  inlet  and  adjacent  waters. —  Nets 
shall  not  be  used  in  Jones  inlet  inside  of  the  first 
spar  buoy,  or  inside  of  a  line  drawn  three-quarters 
of  a  mile  easterly  and  westerly  from  said  buoy,  or 
in  any  of  the  following  creeks,  runs  or  water  run- 
ning into,  or  tributary  to  Jones  inlet,  namely,  Long 
creek  below  the  sharp  point  of  the  marsh;  Sea  Dog 
creek  below  a  line  drawn  northerly  and  southerly 
from  the  easterly  end  of  Elder  island;  Shell  creek 
below  the  point  of  the  gunning  lead;  Swift  creek 
below  the  upper  point  of  Swift  creek  on  the  easterly 
•side  thereof;  in  Haunt's  creek  below  a  line  drawn 
from  the  upper  side  of  Haunt's  creek  point  and  Old 
Ben's  point.  This  section  shall  not  apply  to  nets 
used  only  for  taking  lobsters  or  crabs;  or  hand 
nets  not  more  than  forty  feet  long  and  four  feet 
deep  to  take  minnows,  killies,  spearing,  or  shrimp 
for  bait. 

§  182.  Penalties. —  A  person  who  violates  any 
provision  of  this  article  is  guilty  of  a  misdemeanor 
and  in  addition  thereto  shall  be  liable  to  the  follow- 
ing penalty  for  violation  thereof:  For  each  deer 
or    part    of    deer    taken    or   possessed    in   violation 


The  Forest,  Fish  and  Game  Law.  113 

thereof,  one  hundred  dollars;  for  each  bird  taken 
or  possessed  in  violation  thereof,  twenty-five  dol- 
lars; for  each  squirrel,  hare  or  rabbit  taken  or 
possessed  in  violation  thereof,  ten  dollars,  and  for 
each  fish  taken  or  possessed  in  violation  thereof, 
the  sum  of  ten  dollars;  for  every  other  violation 
thereof,  sixty  dollars. 

ARTICLE    XII. 
Bureau  of  Marine  Fisheries. 

Section  183.  Definitions. 

184.  Superintendent  of  marine  fisheries. 

185.  Transfer  of  records,  books,  papers,  and 

other     property;     former    appropria- 
tions. 

186.  Office  and  clerical  force. 

187.  Duties  of   superintendent. 

188.  Reports  of  superintendent. 

189.  Fisheries  protectors. 

190.  Protectors  to  give  bonds. 

191.  Compensation  of  fisheries  protectors. 

192.  Special  fisheries  protectors. 

193.  Sheriffs   and  constables. 

194.  Nets  to  be  destroyed  by  fisheries  pro- 

tectors. 
105,  Leases  for  cultivation  of  shellfish. 

196.  Limitation  of  last  section. 

197.  To  collect  rents. 

198.  Disputes  as  to  shellfish  leases  settled. 

199.  Close    season    for    oysters    in    Harlem 

river. 

200.  Replanting  Hudson  river  oysters. 

201.  ♦Takings  oysters  in  South  bay. 

*So  in  original. 


114  The  Forest,  Fish  and  Game  Law. 

Section  20i-a.  Blue  point  oysters. 

202.  Oyster  beds  protected. 

203.  Dredging  and  raking  for  shellfish. 

204.  Clams  and  oysters  about  Staten  Island. 

205.  Sale  of  lobsters  under  certain  size  pro- 

hibited. 

206.  Residents  only  may  take  shellfish. 

207.  Polluting  waters. 

208.  Garbage    not    to    be    thrown    in    Long 

Island   sound. 

209.  Penalties. 

210.  Statements  of  property,  penalty;  assess- 

ment of  tax. 

211.  Levy   and   payment   of   tax. 

212.  Collection  of  tax. 

213.  Inspection  of  oyster  beds. 

214.  Duties  of  state  commissioner  of  health. 

215.  Sale   prohibited   unless   sanitary  condi- 

tion be  certified. 

216.  Actions  for  penalties  by  the  people. 

217.  Proceeds  of  actions  by  the  people. 

218.  Actions  by  private  persons  or  societies. 

219.  Judgments;   how   enforced. 

220.  Criminal  jurisdiction  of  courts. 

221.  Search  warrants;  when  issued. 

222.  Punishment  for  misdemeanor. 

223.  Witnesses  not  excused  from  testifying. 

224.  Recording  and   fees. 

225.  Licenses  for  vessels. 

§  183.  Definitions. —  The  following  words  and 
phrases  used  in  this  article  are  defined  as  follows : 

I.  "  Marine  fisheries "  include  all  salt  water  fish- 
eries,  sheH   fisheries   and   fisheries   within   the   tidal  . 


The  torest,  Fish  and  Game  Law,  115 

waters  of  the  state,  except  in  the  Hudson  river  above 
the. city  of  Newburgh.  "Taking"  includes  pursu- 
ing, killing,  capturing,  trapping,  snaring  and  net- 
ting fish  and  all  lesser  acts  such  as  disturbing, 
harrying  or  worrying,  or  placing,  setting,  drawing  or 
using  any  net  or  other  device  commonly  used  to 
take  fish  whether  they  result  in  taking  or  not;  and 
includes  every  attempt  to  take  and  every  act  of 
assistance  to  every  other  person  in  taking  or  at- 
tempting to  take  fish.  A  person  who  counsels,  aids 
or  assists  in  the  violation  of  any  of  the  provisions 
of  the  marine  fisheries  law,  or  knowingly  shares  in 
any  of  the  proceeds  of  said  violation,  shall  be  deemed 
to  nave  incurred  the  penalties  provided  in  this  chap- 
ter against  the  person  guilty  of  such  violation. 
Whenever  taking  is  allowed  by  law,  reference  is 
had  to  taking  by  lawful  means  and  in  lawful  manner. 

2.  "  Person,"  includes  a  copartnership,  joint-stock 
company  or  corporation. 

3.  Gender  and  number  shall  be  disregarded  in 
construing  this  article  and  article  thirteen  of  this 
chapter  whenever  it  is  necessary  to  carry  out  the 
spirit  thereof. 

4.  "  Superintendent "  is  synonymous  with  "  super- 
intendent of  marine  fisheries." 

5.  The  office  of  superintendent  shall  be  at  the 
office  of  the  commissioner,  for  which  provision  is 
made  in  section  one  hundred  eighty-six  of  this 
chapter. 

§    184.    Superintendent    of    marine    fisheries. — 

There  shall  be,  in  the  department  of  forest,  fish  and 
game,  a  bureau  of  marine  fisheries.  There  shall  be 
a  superintendent  of  marine  fisheries  who  appointed 
bv  and  under  the  direction  and  supervision  of  the 


Ii6  The  Forest,  Fish  and  Game  Law. 

forest,  fish  and  game  commissioner,  shall  have 
charge  of  the  bureau  of  marine  fisheries.  The 
superintendent  of  shell  fisheries  now  in  office  shall 
be  continued  in  office  as  superintendent  of  marine 
fisheries  during  the  pleasure  of  the  commissioner, 
and  as  such  shall  perform  the  duties  and  have  the 
powers  herein  prescribed.  He  shall  receive  an  an- 
nual salary  of  three  thousand  dollars,  payable 
monthly,  and  the  expenses  necessarily  incurred  by 
him  in  the  discharge  of  his  official  duties.  The 
forest,  fish  and  game  commissioner  shall  appoint  a 
deputy  superintendent  who  shall  receive  an  annual 
salary  of  two  thousand  dollars,  payable  monthly, 
and  the  expenses  necessarily  incurred  by  him  in  the 
discharge  of  his  official  duties  not  to  exceed  seven 
hundred  dollars.  He  shall  take  and  subscribe  the 
constitutional  oath  of  office.  During  the  absence 
or  inability  to  act  of  the  superintendent,  the  deputy 
superintendent  shall  have  and  exercise  all  the 
powers  of  the  superintendent.  He  may  be  removed 
by  the  commissioner  who  may  in  like  manner  ap- 
point his  successor.  The  superintendent  and  deputy 
superintendent  shall  each  execute  and  file  a  bond 
to  the  people  of  the  state  in  the  sum  of  five  thou- 
sand dollars  with  sureties  to  be  approved  by  the 
commissioner,  conditioned  for  the  faithful  perform- 
ance of  his  duties  and  to  account  for  and  pay  over 
pursuant  to  law,  all  moneys  received  by  him  in  his 
office.     {As  am'd  by  chap.  240,  Laws  of  1909.) 

§     185.    Transfer    of    records,    books,    papers, 
and  other  property;  former  appropriations. —  All 

records,  books,  papers,  office  furniture  and  supplies 
of  the  shell  fisheries  office  of  the  forest,  fish  and 
game  commission  shall  be  transferred  to  the  super- 


The  Forest,  Fish  and  Game  Law.  117 

intendent  of  marine  fisheries,  and  any  and  all  un- 
expended balance  of  money  appropriated  for  use  in 
the  shellfish  office  of  the  forest,  fish  and  game  com- 
mission, and  for  the  purpose  of  making  surveys 
and  maps,  and  for  the  erection  of  signals  and  monu- 
ments, and  for  paying  the  rent  and  expenses  of  the 
shellfish  office,  and  for  the  salaries  and  traveling 
expenses  of  officials  connected  with  the  shellfish 
office  shall  be  and  become  available  in  and  through 
the  bureau  of  marine  fisheries  for  the  purposes  for 
which  said  sums  were  originally  appropriated,  and 
said  sums  shall  be  paid  out  by  the  state  treasurer 
upon  the  audit  of  the  superintendent  of  marine  fish- 
eries and  approval  of  the  commissioner. 

§  186.  Office  and  clerical  force. —  The  commis- 
sioner shall  lease  an  office  in  the  borough  of  Man- 
hattan, or  in  the  borough  of  Brooklyn,  for  the  sale 
or  lease  of  lands  under  water,  and  for  the  conduct 
of  the  business  of  the  department,  as  provided  by 
law.  He  may  appoint  for  the  bureau  of  marine 
fisheries  a  secretary  who  shall  have  a  salary  of  eigh- 
teen hundred  dollars  a  year,  an  engineer  who  shall 
have  a  salary  of  two  thousand  dollars  a  year  and 
the  expenses  necessarily  incurred  by  him  in  the  dis- 
charge of  his  official  duties  not  to  exceed  seven 
hundred  dollars  a  year,  a  stenographer  and  such 
other  clerical  assistants  as  are  actually  needed  for 
which  appropriation  shall  have  been  made  by  the 
legislature.  The  officers  and  employees  of  the  shell 
fisheries  bureau,  of  the  forest,  fish  and  game  com- 
mission, now  in  office  may  be  continued  in  office 
under  the  superintendent  of  marine  fisheries  until 
removed  as  provided  by  law. 


Ii8  The  Forest,  Fish  and  Game  Laiv. 

§  187.  Duties  of  superintendent. —  The  superin- 
tendent under  the  supervision  and  direction  of  the 
forest,  fish  and  game  commissioner,  shall  have  charge 
of  the  enforcement  of  laws  for  the  protection  of 
salt  water  and  migratory  fish;  of  lands  under  water 
which  have  been  or  shall  be  designated,  surveyed 
and  mapped  out  pursuant  to  law  as  oyster  beds,  and 
such  other  powers  and  duties  as  are  or  may  be  im- 
posed upon  him  by  law. 

§  188.  Reports  of  superintendent. —  The  super- 
intendent shall,  on  or  before  the  fifth  day  of  each 
month,  make  a  report  to  the  forest,  fish  and  game 
commissioner,  of  his  proceedings  for  the  preceding 
calendar  month.  He  shall  include  in  such  report  a 
detailed  statement  of  his  receipts  and  disbursements 
from  all  sources,  together  with  a  statement  of  such 
facts  relating  to  the  matters  subject  to  his  jurisdic- 
tion as  the  forest,  fish  and  game  commissioner  shall 
prescribe.  He  shafl  also  in  like  manner  make  an 
arnual  report  to  the  commissioner  for  the  year  end- 
ing with  the  thirtieth  day  of  September  preceding. 
Such  reports  shall  be  made  on  forms  prescribed  and 
furnished  by  the  game  commissioner. 

§  189.  Fisheries  protectors. —  The  forest,  fish 
and  game  commissioner  shall  appoint  three  fisheries 
protectors  who  shall  hold  office  during  the  pleasure 
of  the  commissioner. 

§  190.  Protectors  to  give  bonds. —  The  pro- 
tectors shall  give  a  bond  to  the  people  of  the  state 
in  the  sum  of  five  hundred  dollars  conditioned  for 
the  faithful  discharge  of  their  duties,  with  sureties 
to  be  approved  by  the  commissioner. 


The  Forest,  Fish  and  Game  Law.  119 

§  191.   Compensation   of  fisheries  protectors. — 

Each  state  fisheries  protector  shall  receive  thirteen 
hundred  dollars  a  year  and  his  actual  and  necessary 
traveling  and  incidental  expenses  while  in  the  dis- 
charge of  his  official  duties,  not  exceeding  seven 
hundred  and  fifty  dollars  a  year.  Fisheries  pro- 
tectors shall  have  all  the  powers  and  authority  of 
?ame  protectors  under  the  forest,  fish  and  game 
laws  of  the  state.  Each  fisheries  protector  shall 
keep  a  daily  record  of  his  official  acts,  and  at  the 
close  of  each  month  make  a  report  of  the  same  to 
the  commissioner.  The  salary  and  traveling  ex- 
penses of  a  protector  shall  not  be  payable  except 
upon  the  certificate  of  the  commissioner,  and  after 
such  protector  has  made  the  required  report  and 
properly  performed  his  duties. 

§  192.  Special  fisheries  protectors. —  The  com- 
missioner may  in  his  discretion  appoint  a  person 
recommended  by  the  superintendent  of  marine  fish- 
eries as  special  fisheries  protector.  Such  special 
fisheries  protectors  shall  hold  office  during  the  pleas- 
ure of  the  commissioner,  and  shall  have  the  same 
powers  as  fisheries  protectors,  but  shall  not  receive 
any  pay  from  the  state.  They  shall  receive  moieties 
in  the  same  manner  as  provided  for  special  game 
protectors.  They  shall  make  reports  in  the  same 
manner  as  fisheries  protectors. 

§  193.  Sheriffs  and  constables. —  Peace  officers 
shall  have  the  same  pov/ers  as  fisheries  protectors 
under  this  chapter. 

§  I94»  Nets  to  be  destroyed  by  fisheries  pro- 
tectors.—  Nets,  pounds,   or   other  devices   unlaw- 


120  The  Forest,  Fish  and  Game  Law. 

fully  had,  set  or  used  in  or  upon  any  of  the  sail 
or  tidal  waters  of  this  state,  for  the  purpose  of  tak- 
ing fish  in  violation  of  this  chapter,  are  hereby  de- 
clared to  be  public  nuisances  and  may  be  summarily 
destroyed  and  abated  by  any  fisheries  protector  or 
private  person.  No  action  for  damages  shall  be 
maintained  for  such  seizure  or  destruction. 

Cultivation  of  Shellfish. 

§  195.  Leases  for  cultivation  of  shellfish. —  The 
superintendent,  under  the  direction  and  supervision 
of  the  forest,  fish  and  game  commissioner,  may  lease 
lands  under  water  for  the  cultivation  of  shellfish 
to  persons  who  have  resided  in  the  state  one  year 
or  more;  but  oyster  beds  of  natural  growth  shall 
not  be  leased  unless  the  same  have  for  five  years 
failed  to  produce  natural  oysters  in  sufficient  quan- 
tities to  enable  persons  engaged  in  the  planting 
and  cultivation  thereof  to  earn  a  livelihood  by  work- 
ing on  such  lands.  Before  a  lease  is  made,  notice 
thereof  must  be  posted  for  at  least  three  weeks  in 
a  conspicuous  place  in  the  office  of  the  superin- 
tendent, in  the  office  of  the  town  clerk  and  in  the 
post-office  nearest  to  the  lands  applied  for.  The 
letting  shall  be  at  public  auction  to  the  highest  bid- 
der, and  the  superintendent  shall  classify  the  lands 
applied  for  in  accordance  with  their  value  and  fix 
a  minimum  price  at  which  the  lease  may  be  awarded, 
but  such  price  shall  in  no  case  be  less  than  twenty- 
five  cents  an  acre  annually,  and  for  not  more  than 
fifteen  years.  Such  leases  may  at  the  expiration  of 
the  terms  thereof  or  upon  the  expiration  of  any  re- 
newals thereof,  be  renewed  for  a  term  not  to  ex- 
ceed twenty-five  years  upon  it  being  shown  to  the 


The  Forest,  Fish  and  Game  Lazv.  121 

satisfaction  of  the  superintendent  that  the  lands 
described  therein  have  in  good  faith  been  used  for 
shellfish  cultivation,  continuously,  during  the  original 
terms  for  which  such  lands  v/ere  granted  and  dur- 
ing any  *pervious  renewal  or  renewals  thereof. 
Holders  of  original  leases  shall  have  the  first  privi- 
lege of  a  renewal  of  said  lease,  upon  the  expiration 
of  the  term  thereof,  or  before  the  expiration,  in  the 
discretion  of  the  commissioner,  at  such  terms  as 
may  be  agreed  upon  between  such  lessee  and  the 
superintendent  of  shell  fisheries.  Upon  the  failure 
to  agree  on  terms  for  the  renewal  of  such  lease, 
the  holder  of  such  original  lease  shall  be  allowed 
an  extension  of  one  year  for  the  purpose  of  remov- 
ing from  the  ground  so  leased  all  shellfish  belong- 
ing to  him  upon  such  ground,  such  extension  being 
made  at  terms  named  in  such  original  lease.  Upon 
the  expiration  of  such  extension,  and  failure  to 
agree  upon  terms  for  renewal  of  said  lease,  such 
holder  must  immediately  surrender  the  ground  here- 
tofore occupied  by  him,  and  the  superintendent  of 
shell  fisheries  may  lease  the  land  thereafter  to  any 
person  according  to  the  provisions  of  this  article. 
Moneys  received  from  such  leases  shall  be  paid 
forthwith  to  the  state  treasurer.  Every  person  hold- 
ing a  lease  or  franchise  shall  report  annually  to  the 
superintendent,  on  blanks  provided  for  that  purpose, 
such  information  as  the  superintendent  may  deem 
necessary.  A  lessee  shall  immediately  mark  the 
grounds  leased  by  stakes,  buoys,  or  monuments, 
which  shall  be  maintained  by  him,  his  successors 
or  assigns  during  the  cor^tinuance  of  the  lease. 
Leases    shall    not   be   transferable    in    whole    or    in 

♦So  in  original. 


122  The  Forest,  Fish  and  Game  Law. 

part  except  to  persons  who  might  have  been  origin- 
ally lessees  and  subject  to  the  approval  of  the 
commissioner.  The  superintendent  may  summarily 
oust  from  such  lands  tenants  whose  rent  is  in  ar- 
rears, or  who  fail  or  refuse  to  report  as  herein 
provided,  and  thereupon  the  lease  held  by  such  de- 
linquent shall  become  null  and  void. 

§  196.  Limitation  of  last  section. —  The  last  sec- 
tion shall  not  be  construed  as  limiting  the  power 
of  the  commissioners  of  the  land  office  to  grant  land 
under  water,  but  any  grant  of  land  actually  occupied 
aiid  in  use  for  the  cultivation  of  shellfish  shall  be 
subject  to  the  right  of  the  occupant  to  occupy  and 
use  such  land  for  at  least  two  years.  Nor  shall  it 
apply  to  any  of  the  excepted  lands  named  in  section 
two  hundred  of  this  chapter. 

§  197.  To  collect  rents. —  The  superintendent 
under  the  direction  of  the  commissioner  may  in  the 
name  of  the  people  of  the  state  sue  for,  collect,  com- 
promise, compound  or  satisfy  rents  which  now  are 
or  may  hereafter  be  in  arrears  on  leases  by  the  state 
of  lands  under  water,  for  the  cultivation  of  shellfish, 
and  make  such  rebates  thereon  as  in  his  judgment 
are  just  and  equitable,  provided  the  rental  shall  in 
no  case  be  less  than  twenty-five  cents  an  acre 
annually.  In  cases  where  a  grantee  or  assignee  of  a 
grantee  of  lands  for  shellfish  cultivation  is  de- 
sirous of  surrendering  such  lands  the  superintend- 
ent, in  his  discretion,  may,  in  case  such  person  is 
not  indebted  to  the  bureau  of  marine  fisheries  for 
rentals  or  otherwise,  receive  an  assignment  of  such 
lands  "to  the  state  of  New  York  and  cause  such  as- 
signment to  be  recorded  in  his  office. 


The  Forest,  Fish  and  Game  Law.  123 

§  198.  Disputes  as  to  shellfish  leases  settled. — 

The  superintendent  shall  have  jurisdiction  to  hear 
all  controversies  which  have  arisen  or  may  arise 
in  regard  to  the  leasing  of  lands  under  water  for 
the  cultivation  of  shellfish  and  to  determine  the  same 
upon  just  and  equitable  terms  to  be  approved  by 
the  commissioner. 

Shellfish. 

§    199.    Close  season   for    oysters    in    Harlem 

river. —  Oysters  shall    not    be    taken    in    Harlem 

river  from  May  thirty-first  to  September  first,  both 
inclusive. 

§  200.  Replanting  Hudson  river  oysters. — 
Oysters  shall  not  be  taken  from  the  Hudson  river 
north  of  New  York  county  for  the  purpose  of  re- 
planting without  the  state. 

§  201.  Taking  oysters  in  South  bay. —  Oysters, 
spawn,  or  shells  shall  not  be  taken  from  South  bay 
in  Suffolk  county  from  the  public  waters  of  this 
state  from  May  thirty-first  to  September  first,  both 
inclusive;  or  taken  between  sunset  and  sunrise  at 
any  season.  Oyster  shells  taken  from  the  public 
waters  of  said  bay  in  said  county  shall  be  returned 
to  the  water  where  taken  within  ten  minutes  after 
being  taken.  Blade  or  scraper  tongs  used  to  take 
shellfish  shall  not  be  used  or  possessed  in  waters  of 
said  bay  in  said  county.  This  section  is  subject  to 
the  provisions  of  section  one  hundred  eighty  "of  this 
chapter. 

§  20i-a.  Blue  Point  oysters. —  No  person,  firm 
or  corporation  shall  sell  or  offer  for  sale  any 
oysters,   or   label   or   brand   any   package  containing 


124  The  Forest    Fish  and  Game  Law, 

oysters  for  shipment  or  sale,  under  the  name  of 
Blue  Point  oysters,  other  than  oysters  that  have  been 
planted  and  cultivated  at  least  three  months  in  the 
waters  of  Great  South  bay  in  Suffolk  county. 

§  202.  Oyster  beds  protected. —  Oysters  or  hard 
clams  shall  not  be  taken  from  half  an  hour  after 
sunset  until  half  an  hour  before  sunrise  except  in 
the  waters  in  the  Kill  von  Kull,  Jamaica  bay  and 
the  Arthur  kill.  No  person  shall  take,  carry  away, 
interfere  with  or  disturb  oysters  or  clams  of  another 
lawfully  planted  or  cultivated,  or  remove  any  stakes, 
buoys  or  boundary  marks  of  a  planted  or  cultivated 
bed.  The  possession  of  dredges,  rakes  or  tongs 
overboard  on  any  such  beds  shall  be  deemed  prima 
facie  evidence  of  a  violation  of  this  section. 

§  203.  Dredging  and  raking  for  shellfish. — 
Dredges  for  taking  of  shellfish  from  public  or  un- 
leased  lands  shall  not  be  operated  from  any  boat 
propelled  otherwise  than  by  sail  or  oars. 

§  204.  Clams  and  oysters  about  Staten  Island. — 
Oysters  and  clams  shall  not  be  taken  or  disturbed 
between  half  an  hour  after  sunset  and  half  an  hour 
before  sunrise  in  the  waters  on  the  south  side  of 
Staten  Island  between  a  line  extending  due  south 
from  the  point  of  the  beach  at  Great  kills,  and  a 
line  extending  due  southwest  from  Ward's  point  in 
the  town  of  Westfield.  Devices  other  than  rakes 
and  tongs  operated  by  hand  only  shall  not  be  used  in 
taking  oysters  or  clams  from  natural  growth  oyster 
beds  in  Arthur  kill  or  in  Staten  Island  sound  or  in 
tributaries  thereto,  or  had  in  possession  overboard 
in  such  waters. 


The  Forest,  Fish  and  Game  Law.  125 

§  205.  Sale  of  lobsters  under  certain  size  pro- 
hibited.—  Lobsters  less  than  nine  inches  in  length 
measured  from  one  extremity  to  the  other,  exclusive 
of  claws  or  feelers,  shall  not  be  taken,  possessed  or 
sold. 

§  206.  Residents  only    may  take  shellfish. —  No 

person  who  has  not  been  an  actual  resident  of  this 
state  for  six  months  immediately  prior  to  the  time 
of  engaging  in  the  taking  of  shellfish,  shall  take  shell- 
fish from  the  public  lands  in  the  waters  of  this  state. 
Nothing  in  this  section  shall  apply  to  a  person  who 
may  be  employed  as  deck  hand,  engineer  or  fireman 
on  a  boat  whose  captain  and  owner  may  be  a  lawful 
resident,  except  that  in  the  public  waters  of  the 
state  lying  to  the  north  and  east  of  a  line  drawn 
from  Gardiner's  point  to  Orient  point  and  thence 
extended  in  the  same  direction  until  it  intersects 
with  the  state  boundary  line  between  New  York  and 
Connecticut,  licenses  to  take  lobsters  may  be  issued 
to  nonresidents  upon  payment  of  the  following 
fees :  For  boats  of  ten  or  more  tons  measurement, 
thirty-five  dollars;  for  boats  of  five  to  ten  tons 
measurement,  twenty-five  dollars ;  for  all  other  boats, 
twenty  dollars,  except  that  for  boats  carrying  one 
man  only  the  license  fee  shall  be  fifteen  dollars. 
Such  boats,  when  so  licensed,  shall  carry  displayed 
upon  them  the  license  number,  of  such  size  and 
placed  in  such  position  upon  the  boat  or  rigging  as 
may  be  prescribed  by  the  commissioner.  Such 
licenses  shall  not  be  transferable  and  shall  be  con- 
ditioned that  the  holders  shall  observe  the  fisheries 
laws  of  this  state  and  shall  at  any  time  and  without 
delay  permit  protectors  and  peace  officers  of  this 
state  to  board  such  boats  and  inspect  the  cargoes  or 


120  The  Forest,  Fish  and  Game  Law. 

contents.  All  such  licenses  shall  expire  upon  the 
thirty-first  day  of  December  following  the  date  of 
issue,  and  any  license  may  be  revoked  at  any  time 
at  the  pleasure  of  the  commissioner. 

§  207.  Polluting  waters.— Sludge,  acid  or  refuse 
from  oil  works  or  sugar  houses,  or  buildings  con- 
nected therewith,  except  refuse  from  the  manufac- 
ture of  oil  from  menhaden  or  other  fish,  sewage,  or 
any  substance  injurious  to  oyster  culture,  shall  not 
be  placed  or  allowed  to  run  into  waters  in  the 
vicinity  of  oyster  beds,  and  upon  it  appearing  to 
the  satisfaction  of  the  superintendent  of  marine 
fisheries  that  oyster  beds  have  become  polluted  from 
one  or  more  of  these  causes  it  shall  be  his  duty 
to  cause  complaint  to  be  made  in  a  criminal 
action  against  the  person  or  persons  so  offending, 
and  such  person  or  persons  so  offending  shall  also 
be  liable  in  damages  to  persons  injured. 

§  208.  Garbage  not  to  be  thrown  in  Long 
Island  sound. —  Garbage,  cinders,  ashes  or  refuse 
of  any  kind  shall  not  be  thrown  from  any  vessel 
into  Long  Island  sound  or  any  bay  or  harbor  opening 
into  the  same  within  two  miles  of  the  shore  west 
of  a  line  drawn  from  Old  Field  point  due  north  to 
the  boundary  line  between  New  York  and  Con- 
necticut. Starfish  shall  not  be  thrown  into  the 
waters  of  the  state. 

§  2og.  Penalties. —  A  person  who  violates  any 
provision  of  sections  one  hundred  and  ninety-nine 
to  two  hundred  and  eight  inclusive  is  guilty  of  a 
misdemeanor,  and  is  liable  as  follows :  For  each  vio- 
lation of  section  two  hundred  and  five  to  a  penalty 


The  Forest,  Fish  and  Game  Law.  127 

of  sixty  dollars,  and  to  an  additional  penalty  of  ten 
dollars  for  each  lobster  taken  or  possessed  in  vio- 
lation thereof;  for  every  other  violation  of  said 
sections  one  hundred  and  ninety-nine  to  two  hun- 
dred and  eight,  inclusive,  to  a  penalty  of  one  hun- 
dred dollars. 

Local  Provisions. 

§  210.  Statements  of  property,  penalty;  assess- 
ment of  tax. —  All  ov^mers,  lessees  or  persons  in 
possession  of  shellfish  grounds,  within  the  state  of 
New  York,  shall  on  or  before  the  thirtieth  day  of 
September,  annually  deliver  to  the  forest,  fish  and 
game  commissioner,  at  the  office  of  the  superintend- 
ent of  marine  fisheries,  a  statement  under  oath 
specifying  the  number  of  acres  of  shellfish  grounds 
owned,  leased  or  used  by  them  on  the  first  day  of 
August  preceding,  and  the  location,  description  and 
value  thereof,  and  whether  held  under  grant,  lease 
or  otherwise,  and  printed  blanks  for  each  statement 
shall  be  prepared  by  said  commissioner  and  furnished 
upon  application  at  his  said  office.  In  case  of  the 
failure  of  any  such  person  to  deliver  such  statement 
to  said  commissioner  at  his  office  within  the  time 
above  specified,  or,  if  any  statement  so  delivered  to 
him  shall  erroneously  state  the  number  of  acres 
subject  to  the  tax  hereinafter  imposed,  said  commis- 
sioner shall  make  up  a  statement  from  the  best  in- 
formation he  may  obtain,  and  shall  add  for  such 
default  to  the  tax  hereinafter  provided,  twenty  per 
centum  of  the  amount  of  such  tax.  The  said  com- 
missioner shall  annually  make  up  and  keep  a  book  in 
his  office  to  be  known  as  the  assessment  book,  in 
which  he  shall  set  down  alphabetically  the  names  and 
addresses  of  the  owners,  lessees  or  persons  in  pos- 


128  The  Forest,  Fish  and  Game  Law. 

session  of  all  shellfish  grounds  within  the  state,  the 
number  of  acres  held  or  possessed  b}'  them  and  the 
location  thereof  as  shown  by  the  statements  afore- 
said, the  amount  of  the  tax  payable  thereon  as  here- 
inafter provided,  and  any  penalty  thereon;  such 
assessment  book  shull  also  contain  columns  for  the 
date  of  payment  of  such  tax  and  the  amount  of  tax 
and  penalty  paid. 

§  211.  Levy  and  payment  of  tax. —  For  the 
benefit  of  the  state  and  for  the  protection  and  foster- 
ing of  the  marine  fisheries  thereof,  and  the  main- 
tenance of  an  efficient  bureau  of  marine  fisheries, 
an  annual  tax  at  the  rate  of  twenty-five  cents  per 
acre  shall  be  levied  and  assessed  upon  each  and  every 
acre  of  shellfish  ground  located  within  this  state 
owned,  leased  or  possessed  by  any  person  what- 
soever. The  said  commissioner  shall  annually,  and 
before  the  first  day  of  February,  levy  and  assess  the 
said  tax  upon  the  property  described  in  the  state- 
ment made  as  aforesaid,  setting  forth  the  amount 
thereof,  and  any  penalty  added  thereto,  in  the  assess- 
ment book  as  provided  in  the  last  section,  and  shall 
thereupon  serve  notice  on  all  persons  whose  lands 
are  so  assessed,  and  on  which  a  tax  is  levied  here- 
under, which  notice  shall  be  in  writing  and  may  be 
served  personally  or  by  writing  the  same  to  the  last 
known  post-office  address  of  such  person,  staging 
that  such  tax  roll  has  been  completed  and  is  on  file 
in  his  office,  the  number  of  acres  so  assessed  and  the 
amount  of  the  tax  thereon,  the  penalties  incurred,  if 
any,  and  that  on  a  day  therein  stated,  which  shall  be 
not  less  than  five  days  from  the  date  of  such  notice, 
he  will  have  the  complaint  of  all  persons  declaring 
themselves  aggrieved  thereby,  and  on  such  hearing 


The  Forest,  Fish  and  Game  Law.  i2g 

sections  thirty-six  and  thirty-seven  of  the  tax  law- 
shall  apply  so  far  as  the  same  are  applicable  and 
such  assessment  may  be  reviewed  by  certiorari  in  the 
manner  provided  in  the  tax  law  for  the  review  of 
erroneous  or  illegal  assessments.  Such  tax  shall  be 
paid  to  the  said  commissioner  at  his  said  office 
within  sixty  days  after  the  first  day  of  February  in 
each  year,  and  he  shall  give  a  proper  receipt  there- 
for, and  immediately  enter  such  payment  upon  the 
assessment  book  with  the  date  of  payment.  Such 
tax,  and  any  penalty  thereon,  shall  be  a  lien  upon  all 
the  property  subject  thereto,  including  the  shellfish 
thereon  from  the  first  day  of  February  of  the  year 
in  which  such  tax  is  laid.  The  tax  hereby  imposed 
shall  be  in  lieu  of  all  other  taxes  on  such  property, 
and  no  other  tax  shall  be  levied  or  imposed  on  said 
shellfish  groundr,  or  the  shellfish  thereon,  by  any 
authority  whatever.  Sections  two  hundred  and  ten, 
two  hundred  and  eleven  and  two  hundred  and 
twelve  do  not  apply  to  or  affect  lands  under  water, 
held  and  in  possession  under  colonial  patents,  or 
legislative  grants,  by  any  town  or  person  in  the 
counties  of  Kings,  Queens,  Suffolk,  Nassau,  or  Rich- 
mond, or  to  lands  under  the  waters  of  Gardiners  and 
Peconic  bays,  ceded  by  the  state  to  the  county  of 
Suffolk  pursuant  to  chapter  three  hundred  and 
eighty-five  of  the  laws  of  eighteen  hundred  and 
eighty-four  as  amended  by  chapter  six  hundred  and 
forty  of  laws  of  nineteen  hundred  and  six,  except 
that  said  lands  shall  not  be  exempt  from  sanitary 
inspection  under  this  chapter. 

§  212.  Collection  of  tax. —  If  any  tax  so  laid 
shall  not  be  paid  on  or  before  the  first  day  of 
April  the  said  commissioner   shall  make  and  issue 


130  The  Forest,  Fish  and  Game  Law. 

his  warrant  for  the  collection  thereof,  with  interest 
thereon,  at  one  per  centum  per  month  from  the  day 
such  tax  became  due  and  payable  and  until  paid, 
which  warrant  shall  be  delivered  to  the  sheriff  of 
the  county  within  whose  jurisdiction  the  lands  are 
situated,  directing  such  sheriff  to  collect  such  tax, 
together  with  the  penalties  and  interest,  if  any,  due 
thereon,  together  with  his  fees  for  making  such  col- 
lection, and  such  sheriff  is  hereby  authorized,  em- 
powered and  required  in  default  of  such  payment  to 
sell  the  property  described  in  such  warrant  in  the 
manner  provided  by  law  for  a  sale  under  execution, 
and  to  deliver  to  the  purchaser  thereof  a  proper  deed 
or  assignment,  as  the  case  may  be,  and  such  warrant 
shall  immediately  be  returned  to  said  commissioner 
by  said  sheriff  with  all  his  proceedings  indorsed 
thereon,  and  he  shall  pay  over  to  the  said  commis- 
sioner the  money  received  upon  such  sale  and  said 
commissioner  shall  apply  the  same  to  the  payment 
of  such  tax  and  all  int€rest  and  expenses  thereon,  in- 
cluding the  expenses  of  such  sale,  returning  any  bal- 
ance that  may  remain  to  such  owner  or  owners.  All 
moneys  received  by  said  commissioner  in  payment  of 
taxes  and  interest  thereon  shall  be  accounted  for 
and  paid  by  said  commissioner  to  the  state  treas- 
urer, for  the  benefit  of  the  state,  within  thirty  days 
after  its  receipt. 

Sanitary  Inspection. 
§  213.  Inspection  of  oyster  beds.— It  shall  be 
the  duty  of  the  superintendent  of  marine  fisheriej' 
annually,  or  oftener  should  he  deem  it  necessary  to 
inspect  or  cause  to  be  inspected  the  various  oyster 
beds  and  other  places  within  the  state  from  which 
ovsters  and  other  shellfish  are  taken  to  be  marketed 


The  Forest,  Fish  and  Game  Law,  131 

and  sold  for  consumption,  with  a  view  of  ascertain- 
ing the  sanitary  conditions  of  such  oyster  beds  and 
other  places,  and  the  fitness  of  the  oysters  and  other 
shellfish  in  such  places,  or  which  are  taken  there- 
from, for  use  as  articles  of  food. 

§  214.  Duties  of  state  commissioner  of  health. 

—  For  the  purposes  of  making  such  inspection  the 
superintendent  of  marine  fisheries  may  request  the 
state  commissioner  of  health  to  designate  and  assign, 
and  it  shall  be  the  duty  of  the  state  commissioner 
of  health  upon  such  application  to  designate  and  as- 
sign, a  sanitary  inspector  who  shall,  under  the  direc- 
tion of  the  superintendent  of  marine  fisheries,  visit 
such  oyster  beds  and  places  and  examine  them  and 
the  oysters  found  thereon  or  therein,  and  immedi- 
ately report  to  the  superintendent  of  marine  fisheries 
the  result  of  such  examination.  The  superintendent 
of  marine  fisheries  shall  keep  or  cause  to  be  kept  an 
official  record  of  such  inspection,  and  shall,  immedi- 
ately thereafter,  issue  certificates,  setting  forth  the 
result  of  such  inspection,  to  the  owners,  lessees  or 
proprietors  of  such  oyster  beds  and  places  as  shall 
be  found  to  be  in  good  sanitary  condition,  and  the 
product  of  which  shall  be  found  to  be  fit  for  use  as 
food. 

§  215.  Sale  prohibited  unless  sanitary  condition 
be  certified. —  After  examination  as  to  sanitary 
condition  and  report  thereon  any  person  who  shall 
sell,  cause  to  be  sold,  or  expose  for.  sale  for  con- 
sumption within  this  state,  any  oysters  or  other  shell- 
fish taken  from  oyster  beds  or  other  places  within 
the  jurisdiction  of,  or  forming  a  part  of  the  state  oi 
New  York,  which  have  not  been  so  certified  to  be  in 


132  The  Forest,  Fish  and  Game  Law. 

good  sanitary  condition  and  the  product  of  which 
has  not  been  so  certified  to  be  fit  for  use  as  food 
shall  be  deemed  guilty  of  a  misdemeanor.  It  shall 
be  the  duty  of  the  commissioner  of  marine  fisheries 
to  immediately  furnish  certificate  of  good  sanitary 
condition  on  report  of  examination  made. 

Prosecutions. 

§  216.  Actions   for  penalties   by   the   people. — 

Actions  for  penalties  under  this  article  shall  be  in 
the  name  of  the  people  of  the  state  of  New  York; 
and  must  be  brought  on  the  order  of  the  commis- 
sioner or  of  the  superintendent  of  marine  fisheries, 
as  the  commissioner  may  direct.  Special  counsel 
may  be  employed  and  their  compensation  fixed  by 
the  commissioner.  Such  actions  may  be  discontinued 
by  order  of  the  court  on  the  application  of  the  com- 
missioner or  the  superintendent  upon  such  terms  as 
the  court  may  direct.  Such  actions,  if  in  justices' 
courts,  may  be  brought  in  any  town  of  the  county  in 
which  the  penalty  is  incurred  or  in  the  county  in 
which  the  defendant  resides. 

§  217.  Proceeds    of    actions    by    the    people.— 

Moneys  recovered  in  an  action  for  a  penalty,  or  upon 
the  settlement  or  compromise  thereof,  and  fines  for 
violations  of  this  article  shall  be  paid  to  the  forest, 
fish  and  game  commissioner,  who  shall  apply  so 
much  thereof  as  may  be  necessary  to  the  payment  oi 
the  expenses  of  collection. 

§  218.  Actions  by  private  persons  or  societies. 

— A  private  person,  except  the  owner  or  lessee  of 
premises  upon  which  penalty  is  incurred,  on  giving 
security  for  costs  to  be  approved  by  a  judge  of  the 


The  Forest,  Fish  and  Game  Law.  133 

court  in  which  action  is  brought,  and  any  society  or 
corporation  for  the  protection  of  fish,  may  recover 
in  his  or  its  name  any  penalty  imposed  by  this 
article,  and  shall  be  entitled  in  case  of  collection 
to  one-half  of  the  recovery,  less  expenses,  the  bal- 
ance to  be  paid  to  the  commissioner.  Notice  of  the 
commencement  of  such  an«  taction  shall  be  given  to 
the  commissioner  or  to  the  superintendent  of  marine 
fisheries  within  fifteen  days  after  the  service  of  the 
summons  therein,  and  failure  to  give  such  notice 
shall  be  a  defense  to  the  action.  If  after  the  com- 
mencement thereof  an  action  be  brought  for  the 
same  penalty  in  the  name  of  the  people,  an  order 
shall  be  entered  on  the  application  of  the  commis- 
sioner or  of  the  superintendent  for  the  discontinu- 
ance of  such  action  without  cost  to  either  party. 
Motion  papers  in  such  an  application  shall  be  en- 
titled in  both  actions. 

§  219.  Judgments;  how  enforced. —  Judgments 
recovered  under  this  article  may  be  enforced  by 
execution  against  the  person.  A  person  imprisoned 
upon  such  an  execution,  as  provided  by  section  three 
thousand  and  thirty-two  of  the  code  oi  civil  pro- 
cedure, shall  not  be  admitted  to  the  liberties  of  the 
jail  and  shall  be  confined  for  not  less  than  one  day, 
and  at  the  rate  of  one  day  for  each  dollar  recovered. 
No  person  shall  be  imprisoned  more  than  once  or 
for  more  than  six  months  on  the  same  judgment. 
Imprisonment  shall  not  operate  to  satisfy  a  judg- 
ment, 

§  220.  Criminal  jurisdiction  of  courts. —  Courts 
of  special  sessions  and  police  courts  in  towns  and 
villages,  and  the  several  courts  of  special   sessions 


134  The  Forest,  Fish  and  Game  Law. 

and  police  courts  in  cities  shall  in  the  first  instance 
have  exclusive  jurisdiction  of  offenses  committed 
under  this  article,  and  the  jurisdiction  of  said  courts 
shall  extend  to  all  such  offenses  committed  in  the 
county  where  the  court  sits.  A  warrant  shall  be  re- 
turnable before  the  magistrate  issuing  the  same. 

§     221.    Search   warrants;   when    issued. —  Any 

justice  of  the  peace,  police  justice,  county  judge, 
judge  of  a  city  court  or  magistrate  having  criminal 
jurisdiction  shall,  if  it  appear  probable  that  fish 
taken  or  possessed  contr^iry  to  the  provisions  of 
this  article  are  concealed,  issue  a  search  warrant  for 
the  discovery  thereof,  according  to  the  practice  pro- 
vided in  sections  seven  hundred  and  ninety-four  to 
seven  hundred  and  ninety-seven  inclusive  of  the 
code  of  criminal  procedure. 

§  222.  Punishment  for  misdemeanor. — A  person 
convicted  of  a  misdemeanor  under  this  article  shall, 
except  as  otherwise  provided,  be  punished  by  a  fine 
of  not  less  than  ten  dollars  or  more  than  one  hun- 
dred dollars;  or  by  imprisonment  in  the  county  jail 
or  penitentiary  for  not  less  than  one  day  or  more 
than  one  day  for  every  dollar  of  such  penalty,  or  by 
both  such  fine  and  imprisonment. 

§  223.  Witnesses  not  excused  from  testifying. — 
No  person  shall  be  excused  from  testifying  in  any 
civil  or  criminal  action  or  proceeding  taken  or  had 
under  this  article  upon  the  ground  that  his  testimony 
might  tend  to  convict  him  of  a  crime.  But  no  evi- 
dence derived  from  the  examination  of  such  person 
shall  be  received  against  him  upon  a  criminal  prose- 
cution. A  person  called  for  the  people  and  so  testi- 
fying shall  not  thereafter  be  liable  to  indictment  or 


The  Forest,  Fish  and  Game  Law.  135 

conviction  for  a  violation  or  violations  of  this  article 
respecting  which  he  has  so  testified,  and  may  plead 
or  prove  the  giving  of  such  testimony  in  bar  of  such 
an  indictment  or  conviction. 

General  Provisions. 

§  224.  Recording  and  fees. —  All  franchises, 
grants  and  leases  of  lands  for  shellfish  culture,  and 
assignments  thereof,  shall  be  recorded  in  the  office 
of  the  superintendent  of  marine  fisheries,  and  all 
records  thereof,  heretofore  or  hereafter  made,  in 
such  office  or  in  any  public  office,  and  copies  of  such 
records  when  duly  certified  by  the  officer  having  the 
custody  thereof,  shall  be  admitted  in  evidence  in 
any  action  or  proceeding,  civil  or  criminal,  in  which 
they  are  material.  Fees  shall  be  paid  to  the  state 
and  collected  by  the  superintendent  of  marine  fish- 
eries as  follows,  to  wit,  for  the  filing  of  each  appli- 
cation for  a  grant  or  lease  of  land  under  water, 
,  twenty-five  cents;  for  recording  each  instrument 
of  lease,  grant  or  assignment,  one  dollar;  for  each- 
license  or  certificate  issued,  one  dollar;  for  each  re- 
location survey  seven  dollars  per  day  for  the  time 
occupied,  together  with  the  actual  traveling  expenses 
of  the  surveyor.  Any  person  requiring  an  original 
or  relocation  survey  shall  furnish  a  vessel  at  the 
place  where  such  survey  is  to  be  made,  and  the 
necessary  assistance  to  do  the  work,  at  his  own  ex- 
pense.    (As  ani'd  by  chap.  240,  Laws  of  1909.) 

§  225.  Licenses  for  vessels. —  There  shall  be  a 
license  fee  of  seventy-five  dollars  or  less,  in  the  dis- 
cretion of  the  commissioner,  per  annum  for  each 
steam  vessel  of  fifty  tons  or  over  engaged  in  fishing 
with  nets  in  the  tidal  waters  of  the  state,  for  the 


136  The  Forest,  Fish  and  Game  Law. 

purpose  of  making  oil  or  fertilizer  from  the  fish 
product  taken.  The  owner  or  owners,  lessee  or 
lessees,  or  persons  operating,  running,  managing  or 
fishing  with  any  such  vessel,  using  the  same  in  fish- 
ing with  nets  in  the  tidal  waters  of  the  state  for  the 
purpose  of  making  oil  or  fertilizer  from  fish  prod- 
ucts taken,  who  shall  not  before  engaging  in  such 
business  procure  of  the  forest,  fish  and  game  depart- 
ment of  the  state  such  license  as  herein  provided, 
shall  be  guilty  of  a  misdemeanor  and  punishable  by 
a  fine  of  not  less  than  three  hundred  dollars  for 
each  offense.  No  license  shall  be  required  from  citi- 
zens of  this  state  for  the  purpose  of  fishing  for 
migratory  food  fish  of  the  sea,  but  nonresidents  of 
the  state  engaged  in  fishing  with  nets  in  the  tidal 
waters  of  the  state  shall  be  required  to  pay  a  license 
fee  of  five  dollars  to  the  state  for  each  vessel  used 
in  fishing  with  nets  in  such  waters.  Any  person 
other  than  a  resident  of  this  state  using  any  vessel 
for  the  purpose  of  taking  fish  with  nets  from  the 
tidal  waters  of  the  state,  or  within  three  nautical 
miles  of  the  coast  line,  without  first  having  obtained 
from  the  commissioner  of  forest,  fish  and  game  the 
necessary  license  or  licenses  as  herein  provided,  is 
guilty  of  a  misdemeanor  and  shall  be  liable  to  a 
penalty  of  one  hundred  dollars,  and  to  an  additional 
penalty  of  twenty-five  dollars  for  each  vessel  so 
used.  It  shall  be  unlawful  for  any  person,  corpora- 
tion, copartnership  or  firm  to  engage  in  taking  food 
fish  for  the  purpose  of  rendering  the  same  into  oil 
or  fertilizer,  and  any  such  person,  corporation,  co- 
partnership or  firm  taking  food  fish  for  such  pur- 
pose shall  be  guilty  of  a  misdemeanor  and  punishable 
by  a  fine  of  not  less  than  one  hundred  dollars  for 
each  offense. 


The  Forest,  Fish  and  Game  Law.  137 

ARTICLE    XIII. 
Definitions  and  Construction, 

Section  240.  Definitions. 

241.  Storage  in  close  season. 

242.  Construction. 

243.  Repeal. 

244.  Time  of  taking  effect. 

§  240.  Definitions. —  The  following  words  and 
phrases  used  in  this  chapter  are  defined  as  follows: 

1.  "  Grouse  "  includes  ruffed  grouse,  partridge  and 
every  member  of  the  grouse  family. 

2.  "Trout"  includes  speckled  trout,  brown  trout, 
rainbow  trout,  red-throat  trout  and  brook  trout. 

3.  "Lake  trout"  for  the  purposes  of  this  chapter 
includes  landlocked  salmon  and  ouananische. 

4.  "  Black  bass  "  includes  Oswego  bass. 

5.  "  Pickerel "  and  "  pike "  for  the  purposes  of 
this  chapter  includes  wall-eyed  pike  or  pike  perch, 
blue  pike,  yellow  pike,  green  pike,  grass  pike,  sauger 
or  sand  pike,  gray  pike,  and  all  other  fish  of  the 
pike  perch  kind. 

6.  "Angling"  means  taking  fish  by  hook  and  line 
in  hand  or  rod  in  hand;  or  if  from  a  boat  not  ex- 
ceeding two  lines  with  or  without  rod  to  one  person. 

7.  "  Taking  "  includes  pursuing,  shooting,  hunting, 
killing,  capturing,  trapping,  snaring  and  netting  fish 
and  game,  and  all  lesser  acts  such  as  disturbing, 
harrying  or  worrying,  or  placing,  setting,  drawing  or 
using  any  net  or  other  device  commonly  used  to 
take  fish  and  game,  whether  they  result  in  taking  or 
not;  and  includes  every  attempt  to  take  and  every 
act  of  assistance  to  every  other  person  in  taking  or 
attempting  to   take   fish   or   game.     A   person   who 


138  The  Forest,  Fish  and  Game  Law, 

counsels,  aids  or  assists  in  a  violation  of  any  of  the 
provisions  of  the  forest,  fish  and  game  law,  or  know- 
ingly shares  in  any  of  the  proceeds  of  said  violation 
by  receiving  or  possessing  either  fish,  birds,  game  or 
timber,  shall  be  deemed  to  have  incurred  the  penal- 
ties provided  in  this  chapter  against  the  person 
guilty  of  such  violation.  Whenever  taking  is  al- 
lowed by  law,  reference  is  had  to  taking  by  lawful 
means  and  in  lawful  manner. 

8.  "  Person  "  includes  a  copartnership,  joint-stock 
company  or  corporation. 

9.  Where  lands  are  referred  to  as  "inclosed,"  the 
boundary  may  be  indicated  by  wire,  ditch,  hedge, 
fence,  road,  highway,  water  or  in  any  visible  or  dis- 
tinctive manner  which  indicates  a  separation  from 
the  surrounding  contiguous  territory. 

10.  "Trespass"  includes  cutting,  injuring,  taking 
01  removing  trees  of  any  size  of  timber  or  other 
property  of  the  state,  or  entering  upon  the  lands  of 
the  state  with  intent  to  cut,  injure,  take  or  remove 
trees  of  any  size  or  timber  or  other  property  of  the 
state. 

11.  "Pheasant"  does  not  include  the  native  ruffed 
grouse  commonly  termed  partridge. 

12.  Gender  and  number  shall  be  disregarded  in 
construing  this  chapter  whenever  it  is  necessary  to 
carry  out  the  spirit  thereof. 

13.  Commission,  commissioner,  commissioners  and 
board  of  commissioners  are  synonymous  with  com- 
mission of  forest,  fish  and  game. 

14.  "  Open  season "  is  the  time  during  which  fish, 
fowl,  birds  and  quadrupeds  may  be  taken. 

15.  "  Closed  season "  is  the  time  during  which 
fish,  fowl,  birds  and  quadrupeds  cannot  be  taken. 


The  Forest,  Fish  and  Game  Law.  139 

16.  "  Hooking "  is  defined  to  mean  taking  or  at- 
tempting to  take  with  hook  fish  not  attracted  by  bait 
or  artificial  lure,  by  snatching  with  hooks,  whether 
baited  or  unbaited,  gangs  or  similar  devices. 

17.  Forest  preserve  counties  are  those  counties  in 
which  the  lands  thereof,  if  acquired  by  the  state, 
will  become  part  of  the  forest  preserve. 

18.*  Plumage  includes  any  part  of  the  feathers, 
head,  wings  or  tail  of  any  bird,  and  wherever  the 
word  occurs  in  this  chapter  reference  is  had  equally 
to  plumage  of  birds  coming  from  without  the  state 
as  to  that  obtained  within  the  state,  but  it  shall  not 
be  construed  to  apply  to  the  feathers  of  birds  of 
paradise,  ostriches,  domestic  fowl  or  domestic 
pigeons.  {As  am'd  by  chap.  474,  Laws  of  1909  and 
chap,  256,  Laws  of  1910.) 

§  241.  Storage  in  close  season. —  Whenever  in 
this  chapter  the  possession  of  fish,  or  game,  or  the 
flesh  of  any  animal,  bird  or  fish,  is  prohibited,  refer- 
ence is  had  equally  to  such  fish,  game  or  flesh  com- 
ing from  without  the  state  as  to  that  taken  within 
the  state.  Provided,  nevertheless,  that  if  there  be 
any  open  season  therefor,  any  dealer  therein,  if  he 
has  given  the  bond  herein  provided  for,  may  holli 
during  the  close  season  in  a  public  storehouse  to 
be  designated  by  the  commissioner  such  part  of 
his  stock  as  he  has  on  hand  undisposed  of  at  the 
opening  of  such  close  season.  Said  bond  shall  be  lo 
the  people  of  the.  state,  conditioned  that  such  dealer 
will  not  during  the  close  season  ensuing,  sell,  use, 
give  away  or  otherwise  dispose  of  any  fish,  game,  or 
the  flesh  of  any  animal,  bird,  or  fish  which  he  is  per- 

•  Sub.  18  was  added  by  chap.  256,  Laws  of  1910  and  is  not 
to  take  effect  until  July  i,  191 1. 


140  The  Forest,  Fish  and  Game  Law. 

mitted  to  possess  during  the  close  season  by  this 
section;  that  he  will  not  in  any  way  during  the 
time  when  said  bond  is  in  force,  violate  any  pro- 
visions of  the  forest,  fish  and  game  law;  the  bond 
may  also  contain  such  other  provisions  as  to  the  in- 
spection of  the  fish  and  game  possessed  as  the  com- 
mission shall  require,  and  shall  be  subject  to  the  ap- 
proval of  the  commission  as  to  amount  and  form 
thereof,  and  the  sufficiency  of  sureties.  But  no  pre- 
sumption that  the  possession  of  fish  or  game  or  the 
flesh  of  any  animal,  bird  or  fish  is  lawfully  pos- 
sessed under  the  provisions  of  this  section  shall 
arise  until  it  affirmatively  appears  that  the  provisions 
thereof  have  been  complied  with. 

§  242.  Construction. —  This  chapter  is  intended 
to  be  a  restatement  of  existing  law  with  such 
changes  as  clearly  appear.  The  term  of  office  of  all 
the  present  subordinate  employees  of  the  forest,  fish 
and  game  commission  shall  not  be  affected  hereby, 
except  as  herein  especially  provided;  and  the  term 
of  office  of  the  commissioner  shall  commence  from 
and  after  April  fourteenth,  nineteen  hundred  eight. 
Nothing  in  this  chapter  shall  be  construed  as  amend- 
ing or  repealing  any  provision  of  the  criminal  code 
or  penal  law. 

§  243.  Repeal. —  Of  the  laws  enumerated  in  the 
schedule  hereto  annexed,  that  portion  specified  in  the 
last  column  is  hereby  repealed. 

§  244.  Time  of  taking  effect — This  chapter 
shall  take  effect  immediately. 


The  Forest,  Fish  and  Game  Law,           141 

Schedule  of  Laws   Repealed. 

Revised  Statutes..  Part  i,  chapter  20,  title  11,.. All 

Revised  Statutes..   Part  i,  chapter  20,  title  16,.  .All 

Laws  of  Chapter  Section 

1785 31 All 

1786 39 Al! 

1788 27 All 

1788 71. All 

1788 82 All 

1789 36 AH 

1791 9 All 

1795 53 All 

1798 69. All 

1800 74 All 

1801 78 20 

1801 127 All 

1803 97.' All 

1803 106 16 

1804 7^ All 

1807 100 All 

1807 140 All 

1807 146 I,  2 

180Q Z7 All 

1809 114 All 

1810 86 All 

1811 156 All 

1812 89 All 

1813 131 All 

R.  L.  1813...       II All 

R.L.  1813...      35 23 

R.L.  1813...      47 7,  8,  10 

R.L.  1813...      62 All 

18:4 64 All 

1814 i-,6 All 


142           The  Forest,  Fish  and  Game  Law. 

Laws  of  Chapter  Section 

1814 214 All 

T815 76 All 

1815 238 All 

1816 135.. All 

1816 168 All 

1816 169 All 

1816 186 All 

1817 170 All 

1817 180 All 

1817 211 All 

1818 18 All 

1818 49 All 

1818 89 All    ^ 

1818 123........  All 

1818 125 All 

1818 177 All 

1818 252 At: 

1819 58 All 

1819 81 All 

T819 140 All 

1819 146 All 

1819 148 All 

1819 165 All 

1819 208 All 

1820 20 All 

1820 31 All 

1820 58 All 

1820 68 All 

1820 81 All 

1820 85 All 

1820 102 All 

[820 104 All 

1820 155 All 

1820 158 All 


The  Forest,  Fish  and  Game  Law,          143 

Laws  of  Chapter  Section 

1820 200 All  ' 

1820 201 All 

1820 207 All 

1821 II All 

1821 85 All 

1821 95 All 

1821 142 All 

1821 191 All 

1822 106 All 

1822 151 All 

1822 200 All 

1822 216 All 

1823 28 I 

1823 59 All 

1823 114 All 

1823 185 All 

1823 223 All 

1824 7 All 

1824 99 All 

1824 102 All 

1824 no All 

1824 115 All 

1824 138 All 

1824 139 All 

1824 157 All 

1824 158 All 

1824 160 All 

1824 182 •  All 

1824 184 All 

1824 185 All 

1824 274 All 

1824 294 All 

1825 13 All 

1825 157 All 


144           The  Forest,  Fish  and  Game  Lazv. 

Laws  of  Chapter  Section 

1825 305 All 

1826 7 All 

1826 65 All 

1826 212 All 

1826 227 All 

1827 127 All 

1828 17 All 

1828 45 All 

1828 71 All 

1828 147 All 

1828 229 All 

1828 21 I,   HIT  34,    144,    193,   213, 

236,  250,  264,  297,  305. 

356,  359,  385,  407,  477. 

502,  539  (2d  Meet.) 

1829 189 All 

1830 177 AH 

1831 203 All 

1832 204 All 

1833 64 All     . 

1833 02 All 

1833 155 All 

1833 156 All 

1835 13 AH 

1836 127 All 

1837 2C8 All 

1838 70 All 

1838 86 All 

1838 182 All 

1839 ^73 AH 

1840 77 AH 

1840 267 AH 

1841 202 AH 

1843 114 AH 


The  Forest,  Fish  and  Game  Law.           145 

Laws  of  Chapter  Sectisn 

1844 109 All 

1844 184 All 

1845 31 All 

1845 129 All 

1845 170 All 

1845 217 All 

1845 365 All 

1846 37 AH 

1846 64 All 

1846 83 All 

1846 85 All 

1846 III........  AH 

1846 113 All 

1846 154 All 

1848 279 All 

1848 356 All 

1848 z()3 All 

1849 435 All 

1851 478 All 

T853 506 All 

1855 173 All 

1855 488 All 

1857 287 All 

1857 290 All 

1857 514 All 

1857 ^27 All 

1857 7Z^ All 

1858 13 All 

1858 38 All 

1858 89 All 

1858 163 All 

1859 89 All 

1859 229 All 

1859 285 All 


146           The  Forest,  Fish  and  Game  Law, 

Laws  of  Chapter  Section 

1859 464 All 

1859 469.... All 

1859 511 All 

i860 54 All 

i860 186 All 

i860 196 All 

i860 199 All 

i860 223 All 

i860 228 All 

i860 302 All 

i860 332 All 

i860 384...' All 

1861 146.. All 

1861 173 All 

1861 214 All 

1862 107........  All 

1862 212 All 

1862 335 All 

1862 474 AH 

1863 462 All 

1864 288 All 

1864 426 All 

1864 575 All 

1865 237 AH 

1865 518 All 

1865 642 All 

1865 678 All 

1865 679 All 

1866 112 All 

1866 251: All 

1866 404 AH 

1866 464 AU 

1866 753 AH 

t866 813 All 


The  Forest,  Fish  and  Game  Law,           147 

Laws  of  Chapter  Section 

1867 292 Air 

1867 541 AH 

1867 ^83 All 

1867 827 All 

1867 898 All 

1868 3 All 

1868 28s All 

1868 344....---.  All 

1868 785 All' 

1869 909 All 

1869 910 All 

1870 234 All 

1870 567 All 

1871 367 All 

1871 721 All 

1871 831 All 

1872 6s All 

1872 83 All 

1872 316 All 

1872 356 All 

1872 433 All 

1872 436... All  •     * 

1872 483........  All 

1872 595........  All 

1872 608 All 

1873 74 All 

1873 121 All 

1873 353 All 

1873 381 All 

1873 435 AH 

1873 436 AH 

1873 479 AH 

1873 524 AH 

1873 66s All 


14S           The  Forest,  Fish  and  Game  Law, 

Laws  of  Chapter  Section 

1873 693 All 

1873 739 All 

1873 740 All 

1874 33 All 

1874 91 AH 

1874 231 All 

1874 336 All 

1874 352 AH 

1874 390 All 

1874 394 All 

1874 409 All 

1874 424 AH 

1874 455 AH 

1874 Sii AH 

1875 55 AH 

1875 89 9 

1875 154 AH 

1875 183 AH 

1875 186 AH 

1875 201 AH 

1875 233 AH 

1875 236 AH 

1875 272 AH 

1875 276 AH 

1875... 277 AH 

1875 306 AH 

1875 321 AH 

1875 344 AH 

1875 382 AH 

1875 384 AH 

1875 504 AH 

1875 524 AH 

1876 191 AH 

1876 347 All 


The  Forest,  Fish  and  Game  Law.          149 

Laws  of  Chapter  Section 

1876 389 Ali 

1876 395 All 

1876 396 All 

1876 400 All 

1877 152 All 

1877 276 All 

1877 296 All 

1877 398 All 

1877 411 All 

1877 421 All 

1878 302 All 

1879 87 All 

1879 309 All 

1879 361 All                                      -i 

1879 534 All 

1880 282 All 

1880 453 All 

1880 531 All 

1880 584 All 

1880 591 All 

1881 416 All 

1881 430 All 

1881 704 All 

1882 178 All 

1883 317 All 

1884 127 All 

1884 185 All 

1884 212 All 

1884 247 All 

1884 169 All 

1884 501........  All 

1885 121 All 

1885 237 All 

1885 242 All 

1885 243 All 

1885 283 All 


150           The  Forest,  Fish  and  Game  Law. 

Laws  of  Chapter  Section 

1885 48s All 

1885 556 All 

1885 557 All 

1886 II All 

1886 112 All 

1886 124 All 

1886 141 All 

1886 194 All 

1886 226 All 

1886 247 All 

1886 267 All 

1886 300 All 

1886 395 All 

1886 427 All 

1886 429 All 

1886 430 AH 

1886 437 All 

1886 522 All 

1886 542 All 

1886 590 All 

1886.; 603 All 

1886 671 All 

1887 259 All 

1887 366 All 

1887 373 All 

1887 395..'. All 

1887 407 All 

1887 475 All 

1887 498 All 

1887 530 All 

1887 562 All 

1887 584 All 

1887 591 All 

1887 596 All 


The  Forest,  Fish  and  Game  Law,          15 r 

Laws  of  Chapter  Section 

1887 617 All 

1887 618 All 

1887 619 All 

1887 620 All 

1887 623 All 

1887 639 All 

1887 641 All 

1888 501 All 

1888 520. All 

1888 547 AH 

1888 577 All 

1889 24 All 

1889 512 All 

1889 539 AH 

1889 550 All 

1889 556 'All 

i8qo 8 All 

1890 II All 

1890 Z7 All 

1890 54 All 

1890 90 All 

1890 99 All 

1890 308 All 

1890 533 All 

1892 4B8 All 

1892 561 All 

1892 707 All 

1893 62 All 

1893 194 All 

1893 293 All 

1893 307 ••  All 

1893 321 All 

1893 ZZ^ All 

1893 343 All 


152           The  Forest,  Fish  and  Game  Law. 

Laws  of  Chapter  Section 

1893 453 All 

1893 540 All 

1893 541 All 

1893 542 All 

1893 547 All 

1893 548 All 

1893 573 All 

1894 183 All 

1894 439 All 

1894 608 All 

1894 627 All 

1894 665 All 

1894 744 All 

1895 ^o All 

1895 179 AH 

1895 395 All 

1895 448 All 

1895 470 All 

1895 498 All 

1895 551 All 

1895 974 All 

1896 114 All 

1896 144 All 

1896 150 All 

1896 154 All 

1896 169 All 

1896 179 All 

1896 180 All 

1896 232 All 

1896 251 All 

1896 284 All 

1896 319 All 

1896 3^7 All 

1896 368 All 


The  Forest,  Fish  and  Game  Law,          153 

Laws  of  Chapter  Section 

1896 383 All 

1896 462 All 

1896 463 All 

1896 531 All 

1896 652 All 

1896 653 All 

1896 654 All 

1896 655 All 

1896 657 All 

1896 658 All 

1896 659 All 

1896 660 All 

1896 661 All 

1896 783 All 

1896 802 All 

1896 824 All 

1896 975 All 

1897 6^ All 

1897 64 All 

1897 93 All 

1897 94 All 

1897 150 All 

1897 151 All 

1897 175 All 

1897 182 All 

1897 220 All 

1897 250 All 

1897 259 All 

1897 280 All 

1897 322 All 

1897 326 All 

1897 330 All 

1897 342 All 

1897 388 All 


154          The  Forest,  Fish  and  Game  Lain, 

Laws  of  Chapter  Section 

1897 390 All 

1897 628 All 

1897 699 All 

1897 700 All 

1897 70s All 

1897 706 All 

8 2 All 

1898 39 All 

1898 40 All 

8 53 All 

8 54 All 

8 55 AH 

1898 68 All 

1898 92 All 

8 93 AH 

8 94 All 

1898 107 All 

1898 109 All 

8 132 All 

8 135 All 

8 139 All 

1898 213 All 

8 400 All 

8 401 All 

1898 403 All 

1898 404 AH 

1898 405 AH 

1898 406 AH 

8 407 AH 

8 408 AH 

8 409 AH 

1898 447 AH 

8 449 AH 

1898 450 AH 


The  Forest,  Fish  and  Game  Law,           155 

Laws  of  Chapter  Section 

1 451 AH 

1 452 All 

1898 453 All 

1 454 All 

5 455 AH 

1898 456 AH 

1 457 AH 

1 458 AH 

1 459 AH 

1 460 AH 

1 461 AH 

1898 462 AH 

B 463 AH 

1 489 AH 

^ 600 AH 

5 639 AH 

1899 5 AH 

1899 10 AH 

p 42 All 

1899 54 AH 

) 55 AH 

1899 60 AH 

p.. 135 AH 

1899 141 All 

? 187 AH 

1899 188 AH 

; 228 AH 

1899 231 AH 

1899 235 AH 

1899 244 All 

1899 249 All 

1899 252 All 

1899 290 All 

9 319 AH 


156           The  Forest,  Fish  and  Game  Law. 

Laws  of  Chapter  Section 

1899 325 All 

1899 341 All 

1899 415 All 

1899 425 All 

1899 426 All 

1899 483 AH 

1899 511 All 

1899 533 All 

1899 534 All 

1899 535 AH 

1899 536 All 

1899 537 All 

1899 538 All 

18951 610 All 

1899 611 All 

1899 619 All 

1899 642 All 

1899 701 All 

1899 729 All 

1900 20 All 

1900 186 All 

1900 215 All 

1900 235 All 

1900 4^9 All 

1900 538 All 

1900 593 All 

1900 594 All 

1900 596 All 

1900 597 All 

1900 598 AH 

1900 599 AH 

1900 600 AH 

1900 601 All 

iQoo 602 All 


The  Forest,  Fish  and  Game  Lazu.           157 

Laws  of  Chapter  Section 

1900 603 All 

1900 604 All 

1900 605 All 

1900 606 All 

1900 607 All 

1900 608 All 

1900 609.... All 

1900 610 All 

1900 611 All 

1900 638 All 

1900 652 All 

1900 741 All 

1901 91 All 

1901 94 All 

1901 100 All 

1901 120 All 

1901 121 All 

T901 147 All 

1901 148 All 

1901 192 All 

1901 252 All 

1901 326 All 

1901 366 All 

1901 396 All 

1901 451 All 

1901 491 All 

1901 519 All 

1901 543 AH 

1901 545 ..•  All 

1901 559 AH 

1901 561 AH 

1901 603 All 

1901 606 All 

1901 608 All 


158           The  Forest,  Fish  and  Game  Law. 

Laws  of  Chapter  Section 

1901 614 All 

1901 616 All 

1901 652 All 

1901 662 All 

1902 43 All 

1902 71 All 

1902 yy All 

1902 82 All 

1902 Ill All 

1902 125 All 

1902 161 All 

1902 190 All 

1902 194 All 

1902 205 All 

1902 213 All 

1902 232 All 

1902 247 All 

1902 267 All 

1902 292 All 

1902 299 All 

1902 303 All 

1902 304 All 

1902 317 All 

I9ZS2 322 All 

i9'52 334 All 

ino2... S36 All 

1902 343 All 

1902 347 All 

19C2 359 All 

1902 361 All 

1Q02 372 All 

1902 374 All 

1902 511 All 

1902 517 All 


The  Forest^  Fish  and  Game  Law. 

Laws  of  Chapter  Section 

1902 524 All 

1903 14 All 

1903 72 All 

1903 78 All 

1903 80 All 

1903 81 All 

1903 149 All 

1903 155 All 

1903 162 All 

1903 186 All 

1903 209 All 

1903 220 All 

1903 256 All 

1903 261 All 

1903 277 All 

1903 278 All 

1903 279 All 

1903 291 All 

1903 353 All 

1903 433 All 

1903 440 All 

1903 441 "  All 

1903 442 All 

1903 443 All 

1903 444 All 

I9C3 445 All 

1933 446 All 

1903 475 All 

1903 516 All 

1903 518 All 

1903 519 All 

1903 520 All 

1903 533 All 

1903 558 All 


i6o           The  Forest,  Fish  and  Game  Law, 

Laws  of  Chapter  Section 

1903 563 All 

1903 596 All 

1904 80 All 

1904 116 All 

1904 157 All 

1904 198 All 

1904 204 All 

1904 :...     233 All 

1904 303........  AH 

1904 304 AH 

1904 311 AH 

1904 578 All 

1904 579 AH 

1904 580 All 

1904 581 AH 

1904 582 AH 

1904 583 AH 

1904 584 All 

1904 585 AH 

1904 586 AH 

1904 587 All 

1904 588 AH 

1904 590 AH 

1904 591 All 

1904 592 All 

1904 593 All 

1904 630 All 

1904 648 All 

1904 674 I,  2 

1904 710 AH 

1905 3^ AH 

1905 196 AH 

1905 285 AH 

1905 312 AH 


The  Forest,  Fish  and  Game  Law,          i6i 

Laws  of  Chapter  Section 

1905 313 All 

190S 314 All 

1905 315 All 

1905 316 All 

1905 317 All 

1905 318 All 

1905 319 AH 

1905 335 All 

1905 2>:i^ All 

1905 2>Z7.'- All 

1905 338 All 

1905 339 All 

1905 340 All 

1905 341 AH 

1905 342 All 

1905 343 All 

1905 420 All 

1905 421 All 

1905 422 All 

1905 423 AH 

1905 424 AH 

1905 425 AH 

1905 426 AH 

1905 427 AH 

1905 428 All 

1905 429 AH 

1905 588 AH 

1905 612 All 

1905 657 AH 

1905 660 AH 

1906 69 AH 

1906 yz AH 

1906 99 AH 

1906 191 AH 


i62           The  Forest,  Fish  and  Game  Law, 

Laws  of  Chapter  Section 

1906 199 All 

1906 206 All 

1906 241 All 

1906 367 All 

1906 402 All 

1906 409 All 

1906 478 All 

1906 519 All 

1906 534 All      • 

1906 535 All 

1906 536 All 

1906.*. 537 All 

1906 538 All 

1906 539 All 

1907 40 All 

1907 48 All 

1907 57 All 

1907 69 All 

1907 92 All 

1907 96 All 

1907 100 All 

1907 1/6 All 

T907 196 All 

1907 201 All 

1907 243 All 

1907 260 All 

1907 282 All 

1907 311 All 

1907 333 All 

1907 519 All 

1907 527 All 

1907 656 All 

1907 666 All 

1907 667 All 


The  Forest,  Fish  and  Game  Law,  163 

Laws  of  Chapter  Section 

1907 668 All 

1907 745 All 

1908 130 All 

1908 471 All 


APPENDIX 


The  Lacey  Act.  167 

THE  LACEY  ACT. 

[Chap.  553  (1900).] 


UNITED  STATES  STATUTE. 


AN  ACT  to  enlarge  the  powers  of  the  depart- 
ment of  agriculture,  prohibit  the  transportation 
by  interstate  commerce  of  game  killed  in  vio- 
lation of  local  laws,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Con- 
gress assembled,  That  the  duties  and  powers  of 
the  department  of  agriculture  are  hereby  enlarged 
so  as  to  include  the  preservation,  distribution, 
introduction,  and  restoration  of  game  birds  and 
other  wild  birds.  The  secretary  of  agriculture  is 
hereby  authorized  to  adopt  such  measures  as  may 
be  necessary  to  carry  out  the  purposes  o-f  this 
act  and  to  purchase  such  game  birds  and  other 
wild  birds  as  may  be  required  therefor,  subject, 
however,  to  the  laws  of  the  various  states  and 
territories.  The  object  and  purpose  of  this  act  is 
to  aid  in  the  restoration  of  such  birds  in  those 
parts  of  the  United  States  adapted  thereto  where 
the  same  have  become  scarce  or  extinct,  and 
also  to  regulate  the  introduction  of  American  or 
foreign  birds  or  animals  in  localities  where  they 
liave   not   heretofore   existed. 


1 68  The  Lacey  Act. 

The  secretary  of  agriculture  shall  from  time  to 
time  collect  and  publish  useful  information  as  to 
the  propagation,  uses,  and  preservation  of  such 
birds. 

And  the  secretary  of  agriculture  shall  make 
and  publish  all  needful  rules  and  regulations  for 
carrying  out  the  purposes  of  this  act,  and  shall 
expend  for  said  purposes  such  sums  as  congress 
may  appropriate  therefor. 

§  2.  Repealed  by  chapter  321  of  the  Laws  of  1909 
of  the  United  States. 

§  3.  Repealed  by  chapter  321  of  the  Laws  of  1909 
of  the  United   States. 

§  4.  Repealed  by  chapter  321  of  the  Laws  of  1909 
of  the  United  States. 

§  5.  That  all  dead  bodies  or  parts  thereof,  of 
any  foreign  game  animals,  or  game  or  song  birds, 
the  importation  of  which  is  prohibited  or  the 
dead  bodies,  or  parts  thereof,  of  any  wild  game 
animais,  or  game  or  song  birds  transported  into 
any  state  or  territory,  or  remaining  therein  for 
use,  consumption,  sale,  or  storage  thereni,  shall 
upon  arrival  in  such  state  or  territory  be  subject 
to  the  operation  and  effect  of  the  laws  of  such 
state  or  territory  enacted  in  the  exercise  of  its 
police  powers,  to  the  same  extent  and  in  the 
same  manner  as  though  such  animais  and  birds 
had  been  produced  in  such  state  or  territory,  and 
shall  not  be  exempt  therefrom  by  reason  of  being 
introduced  therein  in  original  packages  or  other- 


The  Lacey  Act,  169 

wise.  This  act  shall  not  prevent  the  importation, 
transportation,  or  sale  of  birds  or  bird  plumage 
manufactured  from  the  feathers  of  barnyard  fowl. 

Approved,  May  25,  1900. 

CHAPTER  321 
of   the    Laws    of    1909    of    the    United    States. 

AN    ACT   to   codify,   revise   and   amend  the   penal 
laws  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Con- 
gress assembled^  That  the  penal  laws  of  the  United 
States  be  and  they  hereby  are  codified,  revised  and 
amended  with  title,  chapters,  head  notes  and  sec- 
tions, entitled,  numbered  and  to  read  as  follows : 

CHAPTER  9. 

§  241.  The  importation  into  the  United  States  or 
any  territory  or  district  thereof,  of  the  mon-goose, 
the  so  called  "  flying  foxes  "  or  fruit  bats,  the  Eng- 
lish sparrow,  the  starling,  and  such  other  birds  and 
animals  as  the  secretary  of  agriculture  may  from 
time  to  time  declare  to  be  injurious  to  the  interests 
of  agriculture  or  horticulture  is  hereby  prohibited ; 
and  all  such  birds  and  animals  shall,  upon  arrival  at 
any  port  of  the  United  States  be  destroyed  or  re- 
turned at  the  expense  of  the  owner. 

No  person  shall  import  into  the  United  States  or 
into  any  territory  or  district  thereof,  any  foreign 
wild  animal  or  bird,  except  under  special  permit 
from  the  secretary  of  agriculture.  Provided^  That 
nothing   in  this   section    shall   restrict   the   importa- 


170  The  Lacey  Act. 

tion  of  natural  history  specimens  for  museums  or 
scientific  collections,  or  of  certain  cage  birds  such 
as  domesticated  canaries,  parrots  or  such  other  birds 
as  the  secretary  of  agriculture  may  designate. 

The  secretary  of  the  treasury  is  hereby  authorized 
to  make  regulations  for  carrying  into  effect  the  pro- 
visions of  this  section. 

§  242.  It  shall  be  unlawful  for  any  person  to  de- 
liver to  any  common  carrier  for  transportation,  or 
for  any  common  carrier  to  transport  from  any 
state,  territory  or  district  ot  the  United  States  to 
any  other  state,  territory  or  district  thereof,  any 
foreign  animals  or  birds,  the  importation  of  which 
is  prohibited,  or  the  dead  bodies  or  parts  thereof 
of  any  wild  animals  or  birds,  where  such  animals  or 
birds  have  been  killed  or  shipped  in  violation 
of  the  laws  of  the  state,  territory  or  district 
in  which  the  same  were  killed  or  from  which  they 
were  shipped.  Provided,  That  nothing  herein  shall 
prevent  the  transportation  of  any  dead  birds  or  ani- 
mals killed  during  the  season  when  the  same  may  be 
lawfully  captured  arid  the  export  of  which  is  not 
prohibited  by  law  in  the  state,  territory  or  district 
in  which  the  same  are  captured  or  killed.  Provided 
further,  That  nothing  herein  shall  prevent  the  im- 
portation, transportation  or  sale  of  birds  or  bird 
plumage  manufactured  from  the  feathers  of  barn- 
yard fowls. 

§  243.  All  packages  containing  the  dead  bodies,  or 
the  plumage  or  parts  thereof,  of  game  animals,  or 
game  or  other  wild  birds,  when  shipped  in  intei- 
state  or  foreign  commerce,  shall  be  plainly  and 
clearly  marked,   so   that   the  name  and  address   of 


The  Lacey  Act.  171 

the  shipper,  and  the  nature  of  the  contents  may  be 
readily  ascertained  on  an  inspec::ion  of  the  outside 
of   such  package. 

§  244.  For  each  evasion  or  violation  of  any  pro- 
vision of  the  three  sections  last  preceding,  the  ship- 
per shall  be  fined  not  more  than  two  hundred  dol- 
lars; the  consignee  knowingly  receiving  such  articles 
so  shipped  and  transported  in  violation  of  said  sec- 
tions shall  be  fined  not  more  than  two  hundred  dol- 
lars; and  the  carrier  knowingly  carrying  or  trans- 
porting the  same  in  violation  of  said  sections  shall 
be  fined  not  more  than  two  hundred  dollars. 

The  above  sections  241,  242,  243,  244  take  the 
place  of  sections  2,  3  and  4  of  the  Lacey  Act. 


172  Forest  Fires, 


FOREST  FIRES. 


RULES  AND   REGULATIONS. 


These  rules  and  regulations  were  made  by  the 
Commissioner  under  authority  of  section  40,  article 
5,  chapter  24,  Laws  of  1909. 

Fires  to  clear  land,  burn  logs,  brush,  dry  grass 
or  other  material  for  this  purpose  shall  not  be 
started  by  any  person,  except  as  provided  in  sec- 
tion 7Z'  This  section  prohibits  the  setting  of 
such  fires  f*-om  April  21st  to  May  31st  inclusive 
and  from  September  i6th  to  November  loth  in- 
clusive. However,  such  fires  may  be  set  from 
June  1st  to  September  15th  inclusive,  if  written 
permission  has  first  been  obtained  from  the  su- 
pervisor of  the  town  in  which  the  fire  is  to  be 
started  or  from  a  superintendent  of  fires  or  a 
regular  fire  patrolman.  Whenever  such  fires  are 
lighted,  competent  persons  must  remain  to  guard 
them  until  all  fire  is  extinguished.  If  such  fires 
are  started  near  forest  or  woodland  the  officer 
granting  the  permit  shall  be  personally  present 
when  the  fire  is  lighted.  Should  drought  or  high 
winds  make  the  starting  of  such  fires  dangerous 
permits  shall  not  be  granted  or  if  granted  they 
shall  be  void.  Any  or  all  persons  starting  such 
fires  will  be  held  responsible  for  any  or  all  dam- 


Forest  Fires.  173 

age  caased  thereby  or  for  anj-  expenses  resulting 
from  fighting  such  fires,  notwithstanding  a  per- 
mit has  been  secured. 

Fires  will  be.  permitted  for  the  purposes  of 
cooking,  warmth  and  insect  smudges;  but  before 
such  fires  are  started,  sufficient  space  around  the 
spot  where  the  fire  is  to  be  lighted  must  be 
cleared  of  all  combustible  material;  and  before 
the  place  is  abandoned,  fires  so  set  must  be  en- 
tirely extinguished  not  only  on  the  surface  but 
in  any  of  the  soil  underneath. 

All  fires,  other  than  those  hereinbefore  men- 
tioned, are  absolutely  prohibited. 

Hunters  or  smokers  are  warned  against  allow- 
ing fires  to  originate  from  the  use  of  firearms, 
cigars,  pipes  and  matches. 

All  matches  thrown  away  in  the  woods  must 
be  broken  in  half  before  they  are  dropped.  All 
persons  will  be  held  responsible  for  any  damage, 
injury  or  expense  as  a  result  of  their  carelessness 
or  negligence. 

Girdling  and  peeling  bark  from  standing  trees  is 
absolutely  prohibited  and  any  person  doing  so 
shall  be  subject  to  punishment. 

Foresters,  Fire  Patrolmen,  Superintendents  of 
Fires,  Inspectors,  Game  Protectors,  and  all  citi- 
zens are  requested  to  report  to  the  Forest,  Fish 
and  Game  Commission  immediately  all  cases 
wliich  may  come  to  their  notice,  of  any  damage  or 
injury  to  trees  or  forests  arising  from  any  viola- 
tion of  these  rules. 

By  order  of  the  Forest.  Fish  and  Game  Com- 


174  Forest  Fires, 


GENERAL  INFORMATION  ON  FOREST 
FIRES. 

In  order  to  furnish  general  information  in  re- 
gard to  our  forest  fire-  law  and  with  the  expecta- 
tion of  securing  a  stronger  public  sentiment  in 
favor  of  forest  fire  prevention,  thus  assisting  in 
reducing  the  forest  fire  losses,  and  the  protection  of 
the  forests,  both  State  and  private,  this  article  has 
been  prepared. 

"  Self  preservation  is  the  first  law  of  nature  " 
and  similarly,  the  protection  of  our  forests  from 
fire  and  other  enemies  is  the  first  rule  of  for- 
estry. The  most  destructive  agent  of  the  forest 
is  fire  and  it  is  one  against  which  we  must  be 
guarded  at  all  times.  The  very  use  of  the  woods 
increases  the  danger  from  this  source  and  there- 
fore it  is  necessary  that  everyone  who  travels  or 
who  lives  in  the  forest  should  be  extremely 
careful  about  the  use  of  fire. 

The  present  forest  fire  law  is  the  result  of  dili- 
gent work  on  the  part  of  a  committee  appointed 
at  a  meeting  of  representative  lumbermen,  large 
landowners,  foresters,  park  owners  and  public- 
spirited  citizens.  It  represents  legislation  more 
advanced  than  is  found  in  the  laws  of  any  other 
state  of  the  Union. 

The  public  sentiment  in  favor  of  forestry  is  so 
strong;  the  value  of  the  forest  property  from  a 
commercial  standpoint  so  large;  the  necessity  for 
the  preservation  of  the  forests  upon  our  two 
great  upland  regions  of  this  State  so  urgent; 
the  use  of  these  forests  as  a  pleasure  and  health 
resort   so   essential;    the   value   of   these   wooded 


Forest  Fires.  175 

areas  for  water  storage,  an  element  in  supplying 
cheaper  water  power,  so  important;  the  decreasing 
timber  supply  combined  with  the  increasing  de- 
mand for  wood  material  so  great,  that  the  value  of 
our  forests  and  the  necessity  for  their  preservation 
are  accentuated. 

It  is  fair  to  state  that  the  influence  of  the  forest 
is  so  great  that  the  future  welfare  of  this  State 
and  of  every  citizen  in  the  State  is  intimately 
associated  with  th-e  preservation  of  our  forests. 
The  forest  as  a  source  of  revenue  and  as  a  source 
of  supply  of  necessary  material  is  very  great. 
The  value  of  the  forest  product  of  this  State  in 
the  year  1907  was  $6,000,000  on  the  stumpage,  or 
$24,000,000  at  the  mill.  The  forest  also  has  an 
indirect  value  to  our  people  in  that  it  brings  to 
sections  unproductive  from  an  agricultural  stand- 
point thousands  of  people;  and  statistics  com- 
piled for  the  year  1902  show  that  the  tourists 
spent  in  the  Adirondacks  over  $6,000,000,  exclu- 
sive of  wages  and  purchase  of  merchandise.  On  the 
other  hand,  the  absolute  loss  to  property  owners  by 
forest  fires  in  the  twelve  forest  counties  in  1908 
was  not  less  than  $1,000,000  from  a  commercial 
standpoint;  and  to  them  from  a  forestry  standpoint 
and  to  the  State  in  general  from  a  protective  value, 
fully  as  much  more.  In  order  that  th«se  revenues 
continue,  we  must  have  reasonable  protection  from 
forest  fire. 

Everyone  who  travels  in  the  forests  must  use 
extreme  caution  in  regard  to  fire.  Smokers  must 
not  drop  lighted  matches  and  it  is  very  desirable 
that  every  match  be  broken  in  half  before  it  is 
thrown    away.     Campers    and    hunters    must    be 


176  Forest  Fires. 

very  careful  about  the  use  of  fire  for  heating  and 
cooking.  Such  fires  should  not  be  started  until 
sufficient  space  has  been  cleaned  of  all  duflf, 
leaves  and  other  inflammable  material  and  before 
such  fires  are  left,  they  must  be  thoroughly 
quenched.  Oftentimes  fires  burn  into  the  under 
duffy  soil  and  remain  there  for  several  days, 
finally  coming  to  the  surface  and  a  serious  fire 
results.  It  is  only  fair  to  the  State  or  to  private 
landowners  that  people  who  use  their  land  for 
pleasure  should  be  cautious  and  do  nothing  to 
endanger  their  property.  In  some  cases  land- 
owners have  forbidden  trespass  by  hunters,  fish- 
ermen and  campers  simply  on  account  of  the  fire 
danger.  The  freedom  which  guides  and  other 
people  who  enjoy  the  woods,  will  have  in  the 
future,  on  private  land,  will  be  largely  deter- 
mined by  the  care  which  they  exercise  in  regard 
to  fire.  They  should  not  cause  these  owners  to 
assume  the  large  risks  which  they  are  now  com- 
pelled to  take  on  account  of  the  large  number  of 
unrestricted  people  using  our  wood  lands.  The 
forest  fire  law  provides  that  any  person  who  sets 
fire  to  waste  or  barren  land  in  the  forest  preserve 
counties  of  the  State  is  punishable  on  conviction 
under  the  Penal  Code.  Such  persons  shall  also 
be  liable  to  the  State  for  such  wrongful  act  and 
to  a  penalty  of  $10  for  each  and  every  tree  so 
killed  or  destroyed;  or  to  any  municipality,  cor- 
poration or  person  for  any  damages  which  they 
may  cause.  This  section  means  that  campers  and 
other  people,  building  any  kind  of  a  fire  in  any 
of  the  forest  sections  of  the  twelve  Adirondack 
and   four   Catskill    counties   will   be  held   strictly 


Forest  Fires,  177 

responsible  for  any  damage  resulting  from  such 
fire. 

Fires  to  clear  land,  or  burn  brush,  logs,  or  dry 
grass  shall  not  be  lighted  in  our  forest  sections 
from  April  21st  to  May  31st  inclusive  or  from 
September  i6th  to  November  loth  inclusive. 
Such  fires  may  be  set  from  June  ist  to  Septem- 
ber 15th,  hov^ever,  if  a  written  permit  has  first 
been  obtained  from  the  supervisor  of  the  town 
in  which  the  burning  is  to  be  done,  or  from  a 
superintendent  of  fires  or  from  a  regular  patrol- 
man. There  is  no  charge  for  these  permits  and 
these  officials  will  grant  them  provided  the 
weather  conditions  do  not  make  a  fire  haz- 
ardous. If  such  fires  are  to  be  set  near  forest  or 
woodlands,  the  official  granting  the  permit  is  to 
be  present  when  the  fire  is  started.  The  person 
setting  such  fire  shall  be  liable  to  the  State  or 
any  individual  for  any  damage  caused  by  such 
fire.  They  shall  also  be  responsible  for  any  un- 
necessary expense  in  fighting  such  fire,  should 
the  fire  escape  beyond  their  control. 

Whenever  evergreen  (coniferous)  trees  are  cut 
within  the  twelve  Adirondack  or  four  Catskill 
counties,  provided  such  trees  are  not  cut  for  use 
with  the  limbs  thereon  (such  as  Christmas  trees) 
all  of  the  limbs  or  branches  thereto  shall  be  cut 
from  such  trees.  The  purpose  of  this  law  is  to 
have  all  of  the  smaller  branches  of  the  tree  tops 
lay  close  to  the  ground  in  order  that  they  will 
decay  quickly  and  thus  reduce  the  fire  danger. 
The  experience  of  former  lumbering  operations 
shows  that  evergreen  trees,  when  the  branches 
are    not    cut    off,    decay    very    slowly    and    arc 


1/8  Forest  Fires. 

a  fire  menace  for  many  years.  It  is  only  fair 
to  the  lumbermen  that  he  should  do  this  work 
because  lumbering  operations  increase  the  fire 
danger  and  as  they  are  the  cause  of  increasing 
the  fire  danger,  it  is  only  fair  that  they  should 
take  the  necessary  steps  not  only  to  protect  their 
own  land  but  adjoining  property  owners  from 
this  increased  fire  risk  which  they  have  caused. 
The  cost  of  such  additional  work  is  very  small 
and  in  many  cases  is  entirely  offset  by  the  extra 
amount  of  wood  material  secured  from  the  top. 
This  section  of  the  forest  law  was  incorporated 
at  the  special  request  of  lumbermen  and  has  met 
with   uniform   approval. 

The  fire  fighting  and  fire  prevention  organiza- 
tion of  this  Commission  consists  of  the  follow- 
ing force  under  the  direct  charge  of  the  Forest, 
Fish  and  Game  Commissioner.  The  Superin- 
tendent of  State  Forests,  in  charge  of  the  direct 
enforcement  of  the  fire  law.  The  twelve  Adiron- 
dack counties  are  divided  into  three  fire  districts 
and  the  four  Catskill  counties  into  one  district, 
each  district  in  charge  of  a  superintendent  of  fire. 
The  districts  are  further  divided  into  smaller  sec- 
tions in  charge  of  fire  patrolmen.  The  super- 
visors in  the  forest  towns  of  the  sixteen  coun- 
ties are,  by  virtue  of  their  ofiice,  fire  wardens  for 
such  towns.  In  addition  to  this  force,  in  various 
places  of  fire  danger  and  in  isolated  localities 
other  men  designated  as  special  patrolmen  are 
appointed.  There  are  also  fifteen  observation 
stations  on  suitable  mountains  where  men  are 
stationed  throughout  the  summer  with  maps  and 
glasses   to    watch    out    for    and    locate    fires    and 


Forest  Fires.  179 

inform  by  telephone  the  rearest  patrolman  or 
supervisor  that  such  fire  is  burning.  The  super- 
intendents of  fire,  the  town  supervisors  and  regu- 
lar and  special  patrolmen  have  authority  to  warn 
out  any  citizen  for  the  purpose  of  fighting  fire 
when  such  fires  are  actually  burning.  Men  are 
paid  at  the  rate  of  fifteen  cents  per  hour  for  time 
actually  employed.  With  this  organization  con- 
sisting of  about  25  paid  men  and  150  more  whose 
duty  it  is  to  act  in  times  of  fire,  a  very  satisfac- 
tory organization  has  been  effected.  However, 
with  all  this  organization  it  is  necessary  to  have 
a  strong,  favorable,  public  sentiment  and  citizens 
who  are  willing  to  assist  in  this  work  and  fight 
fire  when  necessary  or  communicate  with  some 
of  our  organization  whenever  such  fires  occur. 

The  time  has  come  when  our  people  are  realiz- 
ing the  value  of  a  forest,  the  pleasure-seeker  on 
account  of  the  game,  fish,  sport  or  health  which 
he  derives;  the  lumbermen,  who  view  it  not 
simply  from  the  standpoint  of  how  much  mer- 
chantable material  it  now  contains,  but  as  a  mat- 
ter of  improvement  and  investment.  The  de- 
nuded, burned,  sections  are  being  rapidly  planted 
with  small  trees  in  order  to  yield  a  future  supply 
of  material.  The  guide  or  a  farmer  who  lives  in 
the  resort  sections  must  take  a  more  practical 
view  of  the  situation  and  admit  that  were  it  not 
for  these  forests,  the  summer  people  —  the  hunter, 
fisherman  or  health-seeker  —  would  not  frequent 
the  woods  and  they  would  not  be  able  to  secure 
such  ready  employment  or  sell  their  products  so 
readily  at  a  home  market. 


i8o  Forest  Fires. 

The  State  of  New  York  has  acquired  title  to 
more  than  1,600,000  acres  of  land  in  the  Adiron- 
dacks  and  Catskills,  which  is  for  the  free  use  of 
our  people,  with  certain  restrictions.  Any  citizen 
may  camp  temporarily  on  State  land  in  the 
Adirondack  or  Catskill  Park  or  on  the  islands  in 
Lake  George  or  the  St.  Lawrence  River.  No 
written  permit  is  necessary  nor  can  one  be 
granted  by  anybody.  The  Constitution  of  the 
State  provides  that  the  land  in  the  Forest  Pre- 
serve can  not  be  leased,  sold  or  exchanged  but 
must  be  kept  as  wild  forest  land  for  the  enjoy- 
ment of  the  people.  The  construction  of  portable 
houses,  tar  paper  camps,  bark  houses,  log  camps 
or  permanent  structures  of  any  kind  on  State 
land  is  absolutely  prohibited.  Only  fallen  timber 
can  be  used  for  cooking  or  heating.  Whoever 
camps  on  this  land  must  be  extremely  cautious 
about  the  use  of  fire  and  when  such  fires  are  to 
be  abandoned,  they  must  be  thoroughly  drenched 
with  water. 

It  is  hoped  that  anyone  who  uses  or  is  inter- 
ested in  any  way  in  our  forest  woodlands  will 
cheerfully  unite  in  assisting  us  and  our  force  in  the 
enforcement  of  the  law  and  the  protection  of  the 
forest. 

CLIFFORD  R.  PETTIS, 
Superintendent  State  Forests. 

AN  ACT  to  amend  the  penal  law,  in  relation  to 
Malicious  mischief. 

(Chap.  474,  Laws  of  1910.) 

Section  I.  Section  fourteen  hundred  and 
twentv-one  of  chapter  eighty-eight  of  the  laws  of 


Forest  Fires,  l8i 

nineteen  hundred  and  nine,  entitled  "An  act  pro- 
viding for  the  punishment  of  crime,  constituting 
chapter  forty  of  the  consolidated  laws,"  is  hereby 
amended  to  read  as  follows: 

§  1421.  Burning  crops  or  timber,  how  punished. 
A  person  who,  under  circumstances  not  amount- 
ing to  arson  in  any  of  its  degrees: 

1.  Wilfully  burns  or  sets  fire  to  any  grain, 
grass  or  growing  crop,  or  standing  timber,  or  ta 
any  building,  fixtures  or  appurtenances  to  real 
property  of  another,  or 

2.  Wilfully  sets  fire  to,  or  assists  another  to 
set  fire  to  any  wild,  waste  or  forest  lands,  be- 
longing to  the  state  or  to  another  person  whereby 
such  forests  are  injured  or  endangered; 

Is  guilty  of  felony  and  is  punishable  by  im- 
prisonment for  not  more  than  ten  years  or  by  a 
fine  of  not  more  than  two  thousand  dollars,  or 
by  both. 

§  2.  This  act  shall  take  effect  July  first,  nine- 
ten  hundred  and  ten. 

AN  ACT  to  amend  the  town  law,  in  relation  to 
preventing   and   fighting  forest  fires. 

(Chap.  630,  Laws  of  1910,) 

Section  i.  Section  eighty-nine  of  chapter  sixty- 
three  of  the  laws  of  nineteen  hundred  and  nine, 
entitled  "An  act  relating  to  towns,  constituting 
chapter  sixty-two  of  the  consolidated  laws,"  as 
amended  by  chapter  four  hundred  and  ninety-one 
of  the  laws  of  nineteen  hundred  and  nine,  is 
hereby  amended  to  read  as  follows: 


i82  Forest  Fires. 

§  89.  Penalty  for  setting  fire  to  waste  or  forest 
lands.  Any  person  who  sets  fire  to  waste  or  forest 
lands  in  towns  other  than  those  provided  for  by 
section  seventy-three  of  the  forest,  fish  and  game 
law,  or  who  negligently  suffers  a  fire  to  extend 
from  his  own  lands  to  any  other  lands,  is  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction, 
be  imprisoned  for  not  more  than  one  year  or 
shall  be  fined  not  more  than  one  thousand  dol- 
lars, or  both,  for  each  offense.  Any  moneys 
necessarily  expended  by  the  town,  under  subdi- 
vision eight  of  section  ninety-eight  hereof,  in 
fighting  fires  on  waste  or  forest  lands  may  be 
sued  for  by  the  town  expending  the  moneys  and 
recovered  from  the  person  causing  the  fires. 

§  2.  Section  ninety-eight  of  such  chapter  is 
hereby  amended  by  adding  thereto  a  new  sub- 
division to  be  subdivision  eight  thereof,  to  read 
as  follows: 

8.  In  towns  other  than  those  provided  for  by 
section  seventy-three  of  the  forest,  fish  and  game 
law,  the  supervisor  shall,  by  virtue  of  his  office, 
be  fire  warden  of  his  town  and  charged  with  the 
duty  of  preventing  and  extinguishing  forest  fires. 
He  shall  have  power  to  employ  persons  to  act  as 
patrolmen  in  preventing  and  fighting  fires  and  to 
employ  necessary  assistants  therefor  and  shall 
possess  all  of  the  power  and  authority  conferred 
upon  the  forest,  fish  and  game  commissioner, 
supervisor  and  fire  patrolman  under  section  sev- 
enty of  the  forest,  fish  and  game  law.  Any  per- 
son summoned  to  fight  forest  fires  who  is  physic- 
ally able  and  refuses  to  assist  shall  be  liable  to  a 
penalty  of  twenty  dollars.     The   town  board    of 


Forest  Fires.  183 

each  town  shall  at  its  first  annual  meeting  desig- 
nate one  of  its  members  to  act  as  such  fire  warden 
for  the  ensuing  year  in  case  of  absence  of  the 
supervisor.  The  town  board  shall  fix  the  com- 
pensation of  all  patrolmen  and  assistants  em- 
ployed under  the  provisions  of  this  section,  and 
all  expenses  incurred  under  the  provisions  of 
this  section  shall  be  a  charge  upon  and  paid  by 
the  town. 
§  3.  This  act  shall  take  effect  immediately. 


184  Information  for  Campers, 

INFORMATION  FOR  CAMPERS. 


Any  citizen  may  camp  temporarily  on  the  State 
land  in  the  Adirondacks,  the  Catskills,  Lake 
George  and  the  St.  Lawrence  river.  No  written 
permit  is  required,  nor  can  one  be  granted  by 
anybody.  The  Constitution  of  the  State  of  New 
York  provides  that  the  land  in  the  Forest  Pre- 
serve can  neither  be  leased,  sold  nor  exchanged, 
but  must  be  kept  as  wild  forest  land  for  the  en- 
joyment of  the  people.  Tents  are  the  only  struc- 
tures permitted  in  the  woods,  but  board  floors 
may  be  used.  No  person  is  entitled  to  call  any 
particular  site  his  own  from  year  to  year.  Port- 
able houses  are  prohibited.  So  is  the  erection 
of  any  permanent  shelter,  such  as  a  bark  house, 
lean-to,  or  log  camp.  Peeling  bark  is  absolutely 
prohibited.  Fires  may  be  lighted  for  cooking, 
warmth  and  insect  smudges,  but  only  fallen  tim- 
ber can  be  used.  Before  a  fire  is  lighted  ample 
space  must  be  cleared  around  the  spot  so  that 
the  fire  shall  not  spread,  and  before  leaving  the 
place  the  fire  must  be  thoroughly  extinguished. 
All  other  fires  are  absolutely  forbidden.  Hunters 
and  ;5mokers  must  be  careful  not  to  set  fires  in 
the  woods  by  the  use  of  firearms,  pipes  or  cigars. 
Special  care  must  be  taken  that  lighted  matches 
are  extinguished  before  throwing  them  down  in 
the  woods.  Campers  will  be  held  strictly  re- 
sponsible for  any  damage  or  injury  to  the  forest 
which  may  result  from  carelessness  or  neglect. 
The  Forest,  Fish  and  Game  Commission. 


Net  Licenses.  185 


NET  LICENSES. 


RULES    AND    REGULATIONS. 

Relating  to  the  use  of  nets,  adopted  by  the 
Forest,  Fish  and  Game  Commission,  June  25,  1910, 
to  take   effect  January  i,   191 1. 

All  licenses  for  nets  shall  be  granted  pursuant 
and  subject  to  the  following  rules  and  regula- 
tions, which  shall  be  plainly  printed  on  each 
license  issued,  and  made  a  part  thereof: 

1.  Only  such  kinds  of  nets  shall  be  used  as 
are  specified  in  the  license,  and  a  license  shall 
not  be  issued  to  a  non-resident  of  the  State  un- 
less specially  permitted. 

2.  The  license  shall  specify  the  kinds  of  nets  to 
be  used  and  the  duration  of  the  license.  Licenses 
shall  be  granted  for  no  longer  than  one  year;  all 
licenses  granted  during  the  year  will  expire  on 
the  thirty-first  day  of  December  following,  unless 
an  earlier  date  is  specified;  the  Commissioner 
may,  at  any  time,  in  his  discretion,-  revoke  any 
license  after  notice  to  the  licensee  of  the  charges 
made  against  him. 

3.  A  license  issued,  pursuant  to  these  rules,  is 
not  transferable,  and  if  a  licensed  net  be  used 
by  any  other  person  than  the  licensee  or  person 
in  his  employ,  or  under  his  immediate  super- 
vision, it   shall  be  deemed  forfeited. 


i86  Net  Licenses. 

4.  A  metal  tag  shall  be  issued  with  each 
licensed  net  upon  which  shall  be  stamped  a  num- 
ber corresponding  with  the  number  on  the  li- 
cense. Such  tag  must  be  attached  to  the  net 
when  in  use,  in  such  a  manner  that  it  will  be  on 
top  of  or  above  the  water  and  in  plain  sight,  at 
all  times.  In  Lake  Ontario  not  to  exceed  five 
tags  may  be  issued  with  each  license  granted  for 
row,  sail  or  power  boats.  Tags  will  not  be  re- 
quired for  gill  net  fishing  in  Lake  Erie.  The 
owner  of  each  licensed  boat  shall  at  all  times 
have  in  plain  sight  aboard  said  boat  his  license 
for  inspection.  The  licensee  must  exhibit  his 
license  when  required,  to  any  Game  Protector, 
or  to  any  peace  officer  of  this  State,  or  to  any 
person  designated  by  the  Forest,  Fish  and  Game 
Commission. 

5.  Licenses  granted  under  the  provisions  of 
section  number  126  may  be  for  one  seine,  not 
exceeding  100  feet  in  length;  one  trap  net  not 
exceeding  6  feet  in  depth;  two  fyke  nets,  not  ex- 
ceeding 3  feet  in  diameter,  with  leaders  not  ex- 
ceeding 50  feet  in  length. 

6.  Nets  licensed  for  any  of  the  inland  lakes 
of  the  State  or  for  taking  minnows  for  bait, 
shall  not  be  handled  nor  fish  taken  therefrom  be- 
tween sunset  and  sunrise,  except  as  specially 
permitted  in  the  license.  Fish  not  allowed  to  be 
taken,  shall,  with  careful  handling,  be  returned 
to  the  water  immediately. 

7.  The  mesh  of  all  nets  used  under  any  license 
except   to   take    minnows   for   bait,    shall   not   b€ 


Net  Licenses.  187 

less  than  one  and  one-eighth  inch  bar  (one  and 
one-eighth   inches   square). 

No  net  shall  be  used  for  taking  fish  in  Lakes 
Erie  and  Ontario  of  a  smaller  size  than  three 
inch  mesh,  or  one  and  a  half  inch  bar. 

No  nets  shall  be  used  for  taking  lake  trout  or 
white  fish  in  any  waters  of  a  less  size  than  four 
and  three-quarter  inch  mesh  or  two  and  three- 
eighth  inch  bar. 

No  gill  nets  shall  have  wings  or  leaders  at- 
tached thereto.  No  net  licensed  under  a  seine 
license  shall  be  staked,  anchored  or  otherwise 
fastened  while  in  the  water. 

8.  A  licensed  net  shall  only  be  used  in  the 
waters  for  which  the  license  is  given,  and  may 
be  determined  by  the  Commission  and  specified 
in  the  license. 

9.  A  violation  by  a  licensee,  of  any  of  these 
rules  and  regulations,  or  of  any  hereafter  adopted, 
or  of  the  Forest,  Fish  and  Game  Law,  shall  be 
sufficient  cause  for  the  revoking  of  a  license. 
Failure  to  return  tags  at  expiration  of  license  or 
to  make  the  report  required  by  Rule  12  is  suf- 
ficient  cause  for  denying  an   application. 

10.  Any  person  holding  a  license,  who  shall 
forfeit  the  same  by  reason  of  being  convicted 
hereafter  of  illegal  fishing,  or  shall  violate  any  of 
these  rules,  shall  not  thereafter  be  granted  an- 
other license  within  one  year,  and  no  person 
shall  be  granted  a  license  who  within  the  year 
preceding  the  application,  has  been  convicted  of 
illegal  fishing. 


i88  Net  Licenses. 

11.  All  applications  for  licenses  must  be  in- 
dorsed by  two  responsible  persons. 

12.  All  persons  holding  a  license  shall  make  an 
annual  report  to  the  Commission  of  the  number 
or  weight  and  kind  of  fish  caught  and  the  value 
of  the  same,  and  return  all  tags  furnished  with 
*;he   license. 

13.  Each  applicant  shall,  at  the  time  of  filing 
his  application  for  a  license,  pay  to  the  commis- 
sion a  license  fee  as  provided  in  the  following 
schedule: 

For  each  fyke,  scoop,  dip  or  scap  net...       $1  00 

For  each  trap,  seine  or  gill  net 5  00 

For  each  line   to   catch  sturgeon i  00 

For    each    eel    pot i  00 

For   each   eel   weir 1000 

For  each  stake  net  per  100  lineal  feet..         2  00 
except  in  Lake  Erie  and  except  in  Lake 
Ontario,  where  the  fee  shall  be  as  .fol- 
lows: 

For  each  fyke  or  trap  net 5  00 

For   each   pound   net 50  00 

For  each  row  or  sail  boat  used  in  fish- 
ing  gill   nets    10  00 

For  each  boat  of  any  other  kind,  under 

ten  tons  gross  burden,  so  used 15  00 

For  each  boat  of  any  other  kind,  of  from 
ten    to    fifteen    tons    gross    burden,    so 

used 25  00 

For  each  boat  of  any  other  kind,  of  from 

fifteen  to  twenty  tons  burden,  so  used.       30  00 


Net  Licenses.  189 

For  each  boat  of  any  other  kind,  of  from 
twenty  to  twenty-five  tons  gross  bur- 
den,  so  used $3500 

For  each  boat  of  any  other  kind,  of  from 
twenty-five  to  thirty  tons  gross  bur- 
den, so  used   40  00 

For  each  boat  of  any  other  kind,  of  from 
thirty  to  thirty-five  tons  gross  burden, 
so    used    4500 

For  each  boat  of  any  other  kind,  of  from 
thirty-five  to  forty  tons  gross  burden, 
so  used 50  00 

For  each  boat  of  any  other  kind,  forty 
tons  or  over  gross  burden,  so  used...       60  00 

14.  Eel  pots  must  not  exceed  in  length  56 
inches,  and  in  diameter  not  more  than  12  inches, 
if  round  or  otherwise,  and  not  more  than  12 
inches  square,  if  square  in  form;  the  aperture  or 
mouth  of  all  eel  pots  shall  not  be  more  than 
one  and  one-half  inches  in  diameter,  if  round  in 
form  or  otherwise,  and  not  more  than  one  and 
one-half  inches  square,  if  square  in  form;  and 
there  shall  be  no  fixtures  or  wings  of  any  kind 
attached  to  or  used  in  connection  with  eel  pots 
intended  to  stop  fish  or  to  guide  or  force  them 
into  the  mouth  of  the  pot. 

15.  The  Forest,  Fish  and  Game  Commission 
reserves  the  rigbt  to  alter,  amend,  repeal  or 
modify  any  or  all  of  the  foregoing  rules  and 
regulations,  and  may  adopt  new  ones  at  any 
time  as  the  Commission  may  deem  expedient. 
The  Commission  may  revoke  any  license  granted 


igo  Net  Licenses. 

hereunder  at  diuy  time,  and  for  any  reason 
which  to  the  Commission  may  seem  sufficient. 
Nothing  contained  in  any  of  these  rules  and 
regulations  shall  be  construed  as  compelling  the 
issuing  of  a  license  to  any  person  nor  to  prevent 
the   revoking  of  such  license  at  any  time. 


Roster  of  Fish  and  Game  Protectors,        IQI 


ROSTER  OF  FISH  AND  GAME 
PROTECTORS. 


John  B.  Burnham,  Chief  Protector,  Essex,  Essex  county. 
M.  C.  Worts,   ist  Asst.  Chief,  Oswego,  Oswego  cpunty. 
John  E.  Leavitt,  2d  Asst.  Chief,  Johnstown,  Fulton  county. 
R.  B.  Nichols,  3d  Asst.  Chief,  Indian  Lake,  Hamilton  county. 
B.  H.  McCoLLOM,  4th  Asst.  Chief,  Canton,  St.  Lawrence  county. 
Spencer  Hawn,  sth  Asst.  Chief,  Cicero,  Onondaga  county. 
Llewellyn  Legge,  Div.  Chief,  Binghamton,  Broome  county. 
B.  Salisbury,  Div.  Chief,  Ellicottville,  Cattaraugus  county. 
WiLLETT  KiDD,  Acting  Div.  Chief,  Newburgh,  Orange  county. 
Isaiah  Vosburgh,  Acting  Div.  Chief,  Saranac  Lake,  Franklin 

county. 
E.  A.  Dorlon,  Fisheries  Protector,  Acting  Div.  Chief,  Freeport, 

Nassau  county. 

Protectors. 
Name.  Residence.  County. 

Ball,  J.  E Old  Forge Herkimer. 

Barnes,  C.  T Olmsteadville .  .  .  Essex. 

Beebe,  Carl  A Painted  Post Steuben. 

Birch,  E.  J Amsterdam Montgomery. 

Bower,  Samuel  E Pleasant  Valley.  Dutchess. 

Boyd,  Sterling Pulteney Steuben. 

Broderick,  J.  W Niagara  Falls.  .  .  Niagara. 

Burhans,  Edwin Kingston Ulster. 

Burnett,  Wm.  H Lake  George. .  . .  Warren. 

Burnside,  Lewis  H Norwich Chenango. 

Cloyes,  Willis  D Cortland Cortland. 

Colloton,  J.  A Albany Albany. 

Culver,  Chester  C Penn  Yan Yates. 

Daugherty,  E.  J Lakewood Chautauqua. 

De Woolf ,  H.  C Batavia Genesee. 

Doty,  Wm.  J Sheridan Chautauqua. 

DoVille,  C.  T Sodus  Point Wayne. 

Farley,  Wm.  C Waverly Tioga. 

Farnham,  P.  S Owego Tioga. 

Featherston,  I.  E Ausable  Forks..  .  Clinton. 

Ferguson;  A.  C West  Sand  Lake .  Rensselaer. 

Ferree,  W.  D Cayuga Cayuga. 

Geenan,  Edw Buffalo Erie. 

Grant,  R.  Hume Hobart Delaware. 

Grenon,  J.  P Tupper  Lake ....  Franklin. 

Hand,  Jay Cranberry  Lake..  St.  Lawrence. 

Hayes,  James Olean Cattaraugus. 

Hazelton,  Miles Middleburgh.  .  .  .  Schoharie. 

Hazen,  E.  A Hammond St.  Lawrence. 

Helmes,  David  G Deerland Hamilton. 

Hincher,  Thurlow Hilton Monroe. 


192        Roster  of  Fish  and  Game  Protectors. 

Name.  Residence.                  County. 

Hodge,  W.  C Buffalo Erie. 

Hoffman,  Fred Buffalo Erie. 

Horton,  H.  A New  Suffolk Suffolk. 

Irons,  Wm.  H Lockport Niagara. 

Tones,  Elmer Holland  Patent..  Oneida. 

Kinsman,  Emery Harris ville Lewis. 

Leavitt,  W.  J Dolgeville Herkimer. 

Lee,  Chas.  E Islip Suffolk. 

McCormack,  J.  T Brooklyn Kings. 

Ma^sh,  Thos.  E Castile Wyoming. 

Mattison,  S.  G Altmar Oswego. 

Moore,  Alex Merriwold Sullivan. 

Noble,  Geo.  R Wellsville Allegany. 

Northrup,  Joseph Alexandria  Bay..  Jefferson. 

Norton,  Duane Glenfield Lewis. 

Reed,  W.  L Canandaigua. . .  .  Ontario, 

Reynolds,  E.  H Colton St.  Lawrence. 

Rice,  John  G Albion Orleans. 

Riley,  Charles Plattsburg Clinton. 

Sauter,  J.  V New  York New  York. 

Sargent,  W.  S Theresa Jefferson. 

Scott,  N.  A Greenfield  Centre  Saratoga. 

Scott,  S.  S Fillmore Allegany. 

Seckington,  D.  W Elizabethtown.. .  Essex. 

Smith,  J.  R Norway Herkimer. 

Somerville,  Robert Sodom Warren. 

Speenburgh,  D.  C Hunter Greene. 

Stanyon,  Frank Wells Hamilton. 

Stapley,  Chas,  R Geneseo Livingston. 

Sutton,  Geo.  E Mount  Kisco. . .  .  Westchester 

Tarbell,  Newton  B Malone Franklin. 

Thompson,  H.  H Rochester Monroe. 

Vann,  J.  B Ithaca Tompkins. 

Warren,  R.  E Hampton Washington. 

Weed,  W.  J Montour  Falls. .  .  Schuyler. 

Weston,  W.  H Syracuse Onondaga. 

Williams,  A.  P Mannsville Jefferson. 

Willis,  John Oneida Madison. 

Winch,  Cassius Upper  Jay Essex. 

Winslow,  Alvin Stony  Creek.  .  .  .  Warren. 

Woolf ,  Orlando  C Elmira Chemung. 

Worden,  Chas.  G Oriskany Oneida. 


Fisheries  Protectors. 

Dorlon,  E.  A Freeport Nassau. 

Hicks,  Edgar West  New 

Brighton..  Richmond. 

Squires,  C.  A Echo Suffolk. 


Jamaica  Bay  Protectors. 

Gallagher,  Edmund Brooklyn Kings. 

Haff ,  Harry  P Islio Suffolk, 


Roster  of  Fish  and  Game  Protectors.        193 

Hatchery  Foremen. 

Hatchery.  Foreman.  Address. 

Adirondack Milo  F.  Otis Upper  Saranac. 

Caledonia Frank  Redband Mumfftrd. 

Chautauqua R.  R.  Brown Bemus  Point. 

Cold  Spring C.  H.  Walters Cold  Spring  Har- 
bor. 

Delaware H.  E.  Annin Margaretville. 

Fulton  Chain W.  H.  Burke .  Old  Forge. 

Linlithgo. G.  E.  Winchester Linlithgo. 

Oneida Geo.  F.  Scriba Constantia. 

Pleasant  Valley. . .  Henry  Davidson R.  F.  D.  4.  Bath. 


194    Roster  of  Fire  Superintendents  and  Patrols. 

ROSTER  OF  FIRE  SUPERINTENDENTS 
.      AND  FIRE  PATROLS. 


FIRST  DISTRICT. 

Comprising  Clinton,  Essex  and  Franklin  Counties. 
M.  C.  Hutchins,  Superintendent,  EUenburgh  Depot. 

CLINTON  COUNTY. 
Regular  Patrolmen. 
Keeseville Geo.  B.  Thompson. 

Observation  Station. 
Lyon  Mountain B.  J.  Sanford. 

Supervisors. 

Keeseville Joshua  I.  Arthur. 

EUenburgh  Depot Cyrus  Myers. 

Ausable  Forks Thos.  G.  Ryan. 

Lyon  Mountain C.  E.  Niblette. 

EUenburgh  Center John  H.  Moore. 

Saranac James  L.  Burke. 

ESSEX  COUNTY. 

Regular  Patrolmen. 

Lake  Placid Fred  Brittell. 

Minerva B.  B.  Bibby. 

Schroon  Lake Samuel  Russell. 

Schroon  River Andrew  Anderson. 

Elizabethtown Carl  Daniels. 

Special  Patrolmen. 

Saranac  Lake W.  S.  Fowler. 

Newman Rufus  Alford. 

Minerva Aldred  Kayes. 

Blue  Ridge Joseph  Hamner. 

Cascadeville CharleB  Goff. 

St.  Huberts W.  Scott  Brown. 

Loch  Muller Arthur  E.  Warren. 

Newman Ira  Lyon. 

Observation  Stations. 

Whiteface  Mountain M.  L.  Reid. 

Pharoah  Mountain A.  L.  Pitkin. 

Hurricane  Mountain Joseph  Denton. 

Plantation  Patrolmen. 
Chubb  Hill Frank  J.  Noonc. 


Roster  of  Fire  Superintendents  and  Patrols.     195 

Supervisors. 

Keeseville J.  H.  Smith. 

Elizabethtown R.  B.  Dudley. 

Ausable  Forks R.  T.  Kenyon. 

Cascadeville H.  H.  Nye. 

Lewis Harry  E.  Derby. 

Minerva John  Donnelly. 

Port  Henry Seward  H.  Footo, 

Newcomb A.  E.  Bibby. 

Lake  Placid B.  W.  Lewis. 

Schroon  River J.  R.  Carson. 

Schroon  Lake C.  T.  Leland. 

Wilmington James  Wolfe. 

Bloomingdale N.  D.  Barnard, 

FRANKLIN  COUNTY. 
Regular  Patrolmen. 

Lake  Clear  Junction A.  I.  Vosburgh. 

Tupper  Lake T.  W.  Collins. 

Special  Patrolmen. 

Alder  Brook David  Fadden. 

Axton Frank  Eldred. 

Corejrs Charles  Wardner. 

Faust William  Snyder. 

Gile Earl  F.  Day. 

Kildare Geo.  W.  Best. 

Loon  Lake Edw.  Digneau. 

Lake  Kushaqua. S.  L.  Page. 

McColloms C.  A.  McArthur. 

Onchioto C.  H.  Tomey. 

Paul  Smiths B.  A.  Munsell. 

Santa  Clara Newell  Lee. 

Upper  Saranac Willard  Boyce. 

Vcrmontville Geo.  B.  Taylor. 

Observation  Stations. 

8t.  Regis  Mountain Geo.  F.  Brown,  Jr. 

Mount  Morris Richard  Gile. 

Plantation  Patrolmen. 

Paul  Smiths John  C.  Downs. 

Harrietstown Charles  Donaldson. 

Supervisors. 

Tupper  Lake E.  M.  Austin. 

Owl's  Head H.  R.  Glazier. 

Gabriels Chas.  J.  Reilly. 

Duane W.  H.  Sprague. 

Franklin  Falls Edward  St.  Clair. 

Saranac  Lake J.  A.  LaTour. 

Bay  Pond John  Redwood. 

St.  Regis  Falls O.  L.  Wilson. 


196    Roster  of  Fire  Superintendents  and  Patrols. 

SECOND  DISTRICT. 

Comprising  Fulton,  Hamilton,  Saratoga,  Warrer 
and  Washington  counties. 

A.  D.  Lowe,  Superintendent,  Northville,  Fultor 
county,  N.  Y. 

FULTON  COUNTY. 
Regular  Patrolmen. 
Northville E.G.  Roberts. 

Supervisors. 

Bleecker John  M.  Peters. 

Johnstown Guy  Durey. 

Mayfield Merl  Haines. 

Stratford Joseph  Helterline. 

HAMILTON  COUNTY. 

Regular  Patrolmen. 

Long  Lake P.J.  Cunningham. 

Speculator Abe  Lawrence. 

Hope B.  Frank  Kathan. 

Indian  Lake Geo.  H,  Tripp. 

Spjicial  Patrolmen. 

Pine  Lake Alex  Budin. 

Forked  Lake R.  T.  Hosley. 

Cedar  Lake Willis  E.  Brooks. 

Observation  Stations. 

Snowy  Mountain Frank  Washburn. 

Hamilton  Mountain Alfred  Pelcher. 

Cat  Head  Mountain Seth  Wadsworth. 

Supervisors. 

Piseco John  Rourke. 

Benson Lewis  L.  Snell. 

Hope  Falls S.  M.  Brownell. 

Indian  Lake G.  F.  Morehouse. 

Speculator R.  V.  Slack. 

Long  Lake PI.  D.  Kellogg. 

Morehouse ville H.  F  Kreuzer. 

Wells John  W.  Babcock. 

SARATOGA  COUNTY. 
Regular  Patrolmen. 
West  Day Frank  R.  Smith. 


Roster  of  Fire  Superintendents  and  Patrols.     197 

SUPERViSORS. 

Corinth .  Heman  S.  Clothier. 

Day Charles  Van  Avery, 

Edinburgh D.  O.  Grinnell. 

Hadley F.  J.  Dunn. 

WARREN  COUNTY. 

Regular  Patrolmen. 

West  Stony  Creek Charles  Brooks. 

Hague Charles  Wheeler, 

North  Creek Joseph  Little. 

Special  Patrolmen. 

Luzerne Nathan  Pulver. 

Garnet C.  F.  Kenyon. 

Observation  Stations. 

Gore  Mountain Frank  J.  Whaley. 

Prospect  Mountain Arthur  Irish. 

Supervisors. 

Warrensburgh William  J.  Thomas. 

Lake  George Edwin  J.  Worden. 

Chestertown Jesse  F.  Thurston. 

Hague Richard  J.  Bolton. 

Horicon Samuel  C.  Baker. 

North  Creek William  H.  Noxon. 

Luzerne Wilson  J.  Hall. 

Stony  Creek L.  W.  Brooks. 

The  Glen Thos.  E.  Goodman. 

Warrensburgh Alfred  J.  Pitcher. 

WASHINGTON  COUNTY. 
Regular  Patrolmen, 
Comstock. Lawrence  C.  Baker. 

Supervisors. 

Whitehall Herbert  A.  Barber. 

Fort  Ann John  Sullivan,  Jr. 

Putnam  Station Geo.  I.  Li'Jie. 

THIRD  DISTRICT. 

Comprising  Herkimer,  Oneida,  Lewis  and  St. 
Lawrence  counties. 

James  D.  McBride,  Superintendent,  Old  Forge, 
Herkimer  county,  N.  Y. 

HERKIMER  COUNTY. 
Regular  Patrolmen. 

Little  Falls R.  S.  Spears. 

Beaver  River David  Conkey. 


igS    Roster  of  Fire  Superintendents  and  Patrols. 


Special  Patrolmen. 

North  Wilmurt Jesse  C.  Withers. 

Beaver  River J.  H.  Wilder, 

Big  Otter  Lake W.  D.  Crandall. 

Wilmurt Lewis  Fagan. 

Fulton  Chain T.  J.  Bannon. 

Ohio Ray  G.  Mcintosh. 

Ohio Robert  Conklin. 

North  Wood Nicholas  Schumacher. 

Observation  Stations. 

Fort  Noble  Mountain Perry  Cole. 

Beaver  Lake  Mountain John  H.  Bintz. 

Supervisors. 

Cold  Brook,  R.  F.  D.  i Eugene  Hemstreet. 

Cold  Brook Frank  Coonradt. 

Salisbury  Center H.  A.  Dodge. 

Wilmurt James  Lanson. 

Fulton  Chain E.  B.  Pullman. 

LEWIS  COUNTY. 

Regular  Patrolmen. 

Croghan William  Waterhoua*. 

Bush's  Landing D.  A.  Williams. 

Port  Leyden Ray  E.  Bishop. 

Special  Patrolmen. 

Loweville Henry  Turck. 

New  Bridge L.  D.  Spicer. 

Croghan R.  J.  Kelly. 

Crystaldale Stephen  Baker. 

Harrisville Joseph  L.  Menard. 

Chase's  Lake Geo.  V.  Norton. 

Newton  Falls H.  M.  Clark. 

Croghan Christopher  Yousey. 

Crystaldale Herman  Petrie. 

Newton  Falls A.M.  Butll. 

Supervisors. 

Croghan Isidore  Tiss. 

Harrisville Don  F.  Sprague. 

Greig Chester  A.  Loman 

Port  Leyden Dennis  M.  Coe. 

ONEIDA  COUNTY. 

Special  Patrolmen. 

White  Lake  Comers Roswell  Putney. 

Otter  Lake R.  G.  Norton. 

Supervisors. 

Forestporc Frank  Tracy. 

Remsen Charles  M.  William*. 


Roster  of  Fire  Superintendents  and  Patrols.     199 

ST.  LAWRENCE  COUNTY. 

Regular  Patrolmen. 

PiercefieJd William  O'Brien. 

Oswegatchie C.  C.  Brundage. 

Stark W.  W.  Reynolds. 

Cranberry  Lake Wm.  Bancroft. 

Special  Patrolmen. 

Aldrich A.  Collins. 

Childwold Hiram  Jebo. 

Childwold Dean  Seavy. 

Colton H.  L.  Gleason. 

Cranberry  Lake M.  L.  Wicks. 

Gale John  H.  Robare. 

HolleyTvood James  Ferry. 

Moody. Daniel  Hinkson. 

Oswegatchie Stephen  Hayes. 

Star  Lake C,  C.  Davis. 

South  Colton J.  M.  Douglas. 

South  Colton F.  S.  Williamson. 

Seavy Archie  Shortliff . 

Stark Elmer  Watson. 

Tupper  Lake John  Watson. 

Wanakena R.  H.  Hanley. 

Clare C.  H.  Isham. 

Clare Thomas  Shaw. 

Uzonia Robert  Day. 

Observation  Stations. 

Cat  Mountain G.  A.  Muir. 

Moosehead  Mountain John  W.  Hinkson. 

Supervisors. 

Clare .•  D.N.  Dean. 

Benson  Mines Henry  J.  Corbitt, 

Colton Joseph  T.  Smith. 

Fin2 E.  V.  Dowling. 

ParishviUe O.  H.  Copell. 

Gale L.  E.  Gale. 

Harrisville,    R.  D.  2 Noel  Aldoes. 

HAMILTON  COUNTY. 

Regular  Patrolmen. 

Raquette  Lake Daniel  Lynn. 

Sumner  Creek W.  M.  Wright. 

Observation  Station. 
West  Mountain Cal  LaPrairie. 

Supervisors. 
Inlet F.  E.  Tiffany. 


200    Roster  of  Fire  Superintendents  and  Patrols. 

FOURTH  DISTRICT. 

Comprising  Delaware,  Greene,  Sullivan  and  Ulstei 
counties. 

Stratton  D.  Todd,  Superintendent,  P.  O.  Arkville, 
Ulster  county,  N.  Y. 

DELAWARE  COUNTY. 
Regular  Patrolmen. 
Union  Grove Emory  Jenkins. 

Special  Patrolmen. 

Arkville D.  B.  Cole. 

East  Branch John  B.  Hawk. 

Observation  Station. 
Qaudell  Point John  B.  Hawk. 

Supervisors. 

Andes James  W.  Dickson 

Downsville Frank  W.  Hartman, 

Hancock Clayton  L.  Wheeler 

Margaret ville John  W.  Telford. 

GREENE  COUNTY. 
Regular  Patrolmen. 
Jewett Eugene  Kurau. 

Special  Patrolmen. 

Haines  Fall* Geo.  H.  Matthews. 

Lanesville Harry  D.  Lane. 

Observation  Station. 
Hunter  Mountain A.  J.  Connelly. 

Supervisors. 

Tannersville Edgar  B.  Goslee. 

Big  Hollow William  H.  Woodworth. 

Lexington Herbert  Kipp. 

Hensonville Sidney  L.  Ford,  M.  D. 

ULSTER  COUNTY. 
Regular  Patrolmen. 
Phoenicia Jay  H.  Simpson. 

Special  Patrolmen. 

Hardenburgh Geo.  H.  Owen. 

Claryville Charles  D.  Hinckley. 

Slide  Mountain Miles  Parker. 

Tobasco W.  H.  Garsline. 


Roster  of  Fire  Superintendents  and  Patrols.    201 

Observation  Stations. 

Belle  Ayre  Mountain Charles  Y.  Persons. 

Balsam  Lake  Mountain Edward  Avery. 

Supervisors. 

Claiyville Lewis  F.  Bennett. 

Seager John  E.  Haynes. 

Olive  Bridge Jacob  Memhew. 

Accord Daniel  E.  Schoonmaker. 

Pine  Hill Walter  G.  Geroldsek. 

Wallkill William  W.  McElhone. 

Ellenville W.  Kelly  Shook. 

Bearsville Vactor  Shultis. 

SULLIVAN  COUNTY. 
Regular  Patrolmen. 
Glen  Spey Edward  Bisland. 

Special  Patrolmen. 

Grahamsville * H.  R.  Groo. 

DeBruc^ Edward  Mitchell. 

Supervisors. 

Grahamsville Nathan  Black. 

Roscoe William  B.  Voorhies. 

RAILROAD   FIRE   INSPECTORS. 

Adams S.  B.  Kellogg. 

Chateaugay Walter  Murray. 

Oriskany C.  J.  Gibson. 

Plattsburgh D.  S.  Lombard. 

Walton A.  B.  Bruce. 


INDEX. 


A.  Page. 

Action,  witnesses  not  excused  from  testifying 16 

for  trespass  on  private  lands 18 

for  partition  of  lands 28 

for  penalties,  how  brought 12 

costs  in 13 

in  justices*  courts,  when  brought 13 

discontinuance  of 13 

proceeds  of 13-14 

by  private  persons  or  societies 14 

exclusive  power  to  bring  certain 26-27 

to  set  aside  cancellation  of  sales  for  taxes 27 

to  determine  title  to  land  in  Adirondack  Park 27 

in  forest  preserve 27 

to  perfect  State's  title  or  record  title 27 

to  lands  in  forest  preserve  counties 27 

where  brought 28 

for  trespass  on  Forest  Preserve 29 

to  restrain  trespass  or  waste 29 

for  penalty  and  damages  for  trespass,  may  be  joined .  29 

no  trespass  when  extinguishing  fires 46 

for  damages  by  fire  may  be  directed  by  Commissioner  52 

proceeds  of  forest  fires 53 

proceeds  of,  for  certain  violations 132 

by  private  persons  and  societies  for  shellfish  viola- 
tions    132 

Acts,  repealed  by  this  chapter 141-163 

Adirondack  Park,  boundaries  of 21-24 

land  may  be  appropriated  in 31 

Adirondacks,  certain  fish  not  to  be  placed  in 80 

Adirondack  frost   fish,    may  be    placed   in   Adirondack 

region 80 

Adjustment  of  claims  for  property  condemned 32 


204  Index, 

Page. 

Alien,  how  liable  for  violating  certain  provisions 75 

Allegany  County,  open  season  for  trout  in 77 

Angling,  in  waters  inhabited  by  trout,  fish  to  be  taken 

only  by 78 

bass  taken  otherwise,  not  to  be  sold  or  offered  for 

sale 81 

fish  to  be  taken  only  by,  when 85 

defined 137 

Antelope,  no  open  season  for 58 

Antwerp  Pigeons,  when  not  to  be  taken  or  interfered 

with 68 

Appraisers,  for  examination  of  lands 38 

Appropriation  of  land,  procedure  for 31-32 

adjustment  of  claims  for 32 

jurisdiction  of  Court  of  Claims,  in  claims  for 33 

owner  may  reserve  timber  on 33 

timber  reservation  restricted  on 34 

under  reservation  of  timber,  no  damages  for  land 

taken 35 

no  interest  payable  when  timber  reserved 37 

manner  of  service  of  notice 40 

limitations  on  power  of 40 

Court  of  Claims  to  examine  property 40 

for  propagation  of  fish 88 

procedure  on,  for  hatchery  purposes ; . .  .88-89 

adjustment  of  claims  for 90 

Court  of  Claims  to  determine  claims  for. 90 

Assessment  of  shellfish  property 127 

Assistant  Superintendent  of  Forests,  Commissioner  to 

appoint 6 

duties  of 6 

Assistant  Chief  Game  Protectors;  appointment  of 8 

Auditor  of  fire  accounts,  appointed  by  Commissioner.  ...  41 

salary  of 41 

duties  of 41 

Chief  Fire  Warden  to  be 41 


B. 

Bass  taken  otherwise  than  by  angling  not  to  be  sold  or 

offered  for  sale 81 

Baysnipe,  open  season  for 67 

Bear  Lake,  provision  for  taking  fish  in !    ....  98 


Index.  205 

Page. 

Beaver,  no  open  season  for. . . • 60 

Commission  may  acquire  for  restocking 60 

Belgian  Hares,  no  close  season  for £9 

Birds,  not  to  be  transported  without  State 71 

plumage,  skin  or  body  of  certain  birds  not  to  be 

possessed  for  sale 69 

not  to  be  sold 69 

of  birds  of  paradise  may  be  possessed  and  sold. .  139 

when  transported,  to  be  marked,  how 71 

Bird  and  Game  Refuge,  see  Game  and  Bird  Refuge 18-19 

Black  bass,  open  season  for 81 

only  to  be  taken  by  angling 81 

length  of,  which  may  be  taken 81 

number  to  be  taken  in  one  day 81 

law  as  to  in  Orange  lake 81 

law  as  to  in  Saint  Lawrence  river 81 

when  may  be  taken  in  Cattaraugus  county 98 

when  may  be  taken  in  Chautauqua  county 98 

open  season  for  on  Long  Island 110 

defined 137 

Black  River  Bay,  part  of  Saint  Lawrence  Reservation .  .  25 

Black  squirrels,  open  season  for 59 

Blue  Point  oysters,  prohibitions  regarding 123 

Board  of  Commissioners,  defined 138 

Board  of  Supervisors,  to  levy  amount  due  for  fire  expense 

from,  towns 48 

Body  of  certain  birds,  not  to  be  possessed  for  sale 69 

not  to  be  sold 69 

Bond  of  Commissioner  and  Deputy  Commissioner 5 

chief  game  protector 9 

game  protectors 9 

for  possession  of  fish  and  game 139 

for  sale  of  ducks,  geese,  brant  and  swan 62-63 

Box  turtles,  taking,  killing  and  selling  prohibited 60 

Brant,  open  season  for 62 

not  to  be  taken  in  night  time 62 

manner  of  killing 64 

possession  of,  presumptive  evidence  that  they  were 

taken  within  State,  when 63 

.manner  of  hunting  in  certain  places 109 

when  may  be  sold,  if  taken  without  the  State 63 

bond  to  be  given 63 

provision  of 63 

penalty  for  violation  of  provisions  of  bond .  64 


2o6  Index. 


Page. 

Bullheads,  manner  of  taking 83 

law  as  to  taking  with  nets 85 

law  as  to  taking,  in  Delaware  and  Sullivan  counties.  98 
manner  and  time  of  taking  in  Chautauqua  and  Cat- 
taraugus counties 98 

C. 

Campers,  information  for 184 

Caribou,  no  open  season  for 58 

Carp,  not  to  be  placed  in  certain  waters 86 

law  as  to  taking,  in  Delaware  and  Sullivan  counties.  99 

Catfish,  manner  of  taking 83 

law  as  to  taking  with  nets 85 

Catskill  creek,  law  as  to  nets  in 95 

Catskill  park,  boundaries  of 24-25 

land  may  be  appropriated  in 31 

Cattaraugus  county,  open  season  for  trout  in 77 

law  as  to  fishing  in 98 

manner  and  time  of  taking  bullheads  in 98 

Cattaraugus  creek,  open  season  for  trout  in  Cattaraugus 

and  Chautauqua  counties 77 

Cayuga  county,  law  as  to  eel  weirs  in 83 

open  season  for  pheasants  in 67 

when   cock  or   male    pheasants   may  be   taken  or 

possessed 68 

Cayuga  lake,  when  and  where  nets  may  be  used  in 96 

Certificate  to  collect  specimens  for  scientific  purposes.  . .  70 

Chaumont  bay,  law  as  to  nets  in 94 

part  of  Saint  Lawrence  Reservation 25 

Chautauqua  county,  open  season  for  trout  in 77 

law  as  to  fishing  in 98 

manner  and  time  of  taking  bullheads  in 98 

Chemung  river,  law  as  to  eel  weirs  in 83 

Chenango  county,  open  season  for  trout  in 78 

Chief  game  protector,  appointment  of 8 

duties  of 9 

bond  of 9 

compensation  of 9 

first  assistant,  compensation  of 9 

second  assistant,  compensation  of 9-10 

third  assistant,  compensation  of 9-10 

fourth  assistant,  compensation  of 9-10 


Index.  207 

Chief  game  protector  —  continved:  Page. 

fifth  assistant,  compensation  of 9-10 

to  make  report 11 

Civil  service  examinations,  for  protectors,  confined  to 

counties 9 

Civil  Service  Law,  what  fire  employees  to  be  exempt  from.  46 

Claims  for  property  condemned,  adjustment  of 32 

Claims  for  trespass,  adjustment  of 36 

Claims  for  land  for  hatchery  purposes,  adjustment  of .  .  .  90 

presented  to  Court  of  Claims,  when 90 

Clams,  law  as  to  taking  about  Staten  Island 124 

Clerical  force 5 

Clinton  county,  game  protector  in 8 

open  season  for  deer  in 56 

open  season  for  trout  in 77 

restrictions  on  fires  to  clear  land 50 

Close  season  in  towns,  how  established 105 

Closed  season,  defined 138 

Collection  of  birds'  nests  or  eggs,  for  scientific  purposes. .  70 

Collection  of  tax  on  shellfish  property 129-130 

Commission,  powers  of 4 

may  acquire  wild  moose  and  elk 59 

may  acquire  beaver  for  restocking 60 

rules  for  use  of  nets  to  be  made  by 86 

defined 138 

Commissioner,  term  of 4 

salary  of 5 

bond  of 5 

oath  of 5 

duties  of 6 

report  of 7 

to  appoint  game  protectors 8 

to  appoint  chief  game  protector ' 8 

to  appoint  assistant  chief  game  protectors 8 

to  appoint  special  game  protectors 12 

to  employ  necessary  counsel 13 

may  establish  game  and  bird  refuge 18-19 

powers  of 26-28 

to  bring  actions 27 

to  set  aside  cancellation  of  sales  for  taxes 27 

to  determine  title  to  land  in  Adirondack  Park 27 

in  forest  preserve 27 


2o8  Index, 


Commissioner  —  continned:  Page. 

which  an  owner  of  land  would  be  entitled  to  bring .  .  27 

to  perfect  State's  title  or  record  title 27 

in  forest  preserve  counties 27 

may  bring  any  other  action 27 

powers  of  land  office  vested  in 26 

may  employ  counsel 27 

to  bring  actions  for  trespass  in  Forest  Preserve ....  29 

to  contract  for  land  to  become  public 30 

when  to  maintain  fire  patrol 42 

may  appoint  fire  inspectors 41 

may   organize   fire    patrol    in   any   town   in    Forest 

Preserve 44 

to  keep  cost  of  maintenance  of  fire  patrol 42 

to  create  fire  districts 43 

to  appoint  superintendent  of  fires 43 

to  formulate  and  enforce  rules  for  preventing  and 

fighting  forest  fires 44 

to  provide  fire  fighting  apparatus 44 

to  establish  observation  stations 44 

to  provide  signals  and  signal  codes  for  fighting  fifes. .  44 

to  keep  account  of  cost  of  fire  patrol 42 

when  to  maintain  fire  patrol  on  railroads 42 

may  designate  game  protectors  as  patrols 42 

to  furnish  county  clerk  statement  of  fire  expense. .  .  47 

to  keep  account  of  fire  fighting  expense 47 

may  direct  actions  for  damages  by  fire 52 

may  take  deer  to  restock  parks 56 

to  prepare  and  furnish  blanks  for  hunting  license. .  .  74 

may  acquire  land  for  fish  propagation 88 

may  direct  fishways  to  be  placed  in  dams 104 

may  establish  close  season  in  towns 105 

may  make  rules  for  taking  sturgeon  by  set  lines  or 

trap  lines 85 

power  to  take  fish 106 

may  purchase  fish  roe  and  fish  eggs 106 

to  appoint  superintendent  of  marine  fisheries.  .  .  .115-116 

to  appoint  deputy  superintendent  of  marine  fisheries.  116 

to  appoint  clerical  force  for  New  York  office 117 

to  appoint  fisheries  protectors 118 

may  appoint  special  fisheries  protectors 119 

to  assess  tax  on  shellfish  property 128 

Commissioners,  members  of  Forest  Purchasing  Board. .  .  30 

Commissioners,  defined 138 


Index,  209 

Page. 

Commissioners  of  land  office,  transfer  of  powers  of 26 

power  to  grant  land  under  water  not  limited 122 

Common  carrier,  not  to  receive  birds  or  game  in  un- 
marked package 71 

Companies    subject    to    supervision    of    Public    Service 

Commission 49 

Compensation  of  employees  of  Forest  Purchasing  Board .  38 

Compilation  and  digest  of  Forest,  Fish  and  Game  Law. . .  7-8 

Comptroller,  to  make  deed  on  partition 28 

to  deposit  moneys  to  be  distributed  as  provided  by 

judgments 39 

Conesus  lake,  carp  not  to  be  placed  or  used  in 86 

Coney  Island,  size  of  meshes  of  nets  used  in Ill 

Confidential  secretary.  Commissioner  to  appoint 6 

Coniferous  trees,  when  cut  in  Forest  Preserve  counties, 

branches  to  be  lopped 37 

Constables,  powers  of 12 

to  have  powers  of  fisheries  protectors 119 

Construction  of  law 140 

Contract  for  land  to  become  public , . . . .  30 

land  office  to  approve 30 

to  be  recorded 30 

Cortland  county,  open  season  for  trout  in 77 

Counsel,  to  be  employed 13 

Commissioner  may  employ 27 

Costs,  in  actions 13 

when   allowed  by  Court   of  Claims  on  claims   for 

appropriation  of  land 39 

Covmty  clerk  to  receive  statement  of  fire  expense  from 

Commissioner 47 

to  deliver  statement  to  board  of  supervisors 47-48 

Courts,  criminal  jurisdiction  of 15 

criminal  jurisdiction  of,  for  certain  violations ....  133-134 

Court  of  Claims,  jurisdiction  of 33 

when  costs  allowed  on  claim  for  appropriation  of 

land 39 

to  examine  property  appropriated  on  request 40 

judges  to  be  paid,  expenses  of  examining  property..  40 

claims  for  hatchery  lands,  presented  to 90 

Criminal  jurisdiction  of  courts 15 

for  certain  violations 133-134 

Croton  aqueduct,  law  as  to  taking  game  on  lands  of . .  . .  70 

Crumelbow  creek,  law  as  to  taking  suckers  in 102 


2IO  Index. 

Page. 

Curlew,  open  season  for 67 

open  season  for,  on  Long  Island 109 

D. 

Damages    for    land    appropriated,    when    paid,    under 

reservation  of  timber 35-36 

Damages,  value  of  reserved  timber,  to  be  considered,  in 

arriving  at 38 

Dams,  to  be  equipped  with  fishways 104 

notice  of  construction  to  be  given  to  Commissioner .  104 

Deer,  open  season 55-56 

domesticated  deer,  when  may  be  transported 57 

when  not  to  be  taken  in  open  season 56 

when  may  be  possessed 57 

number  which  may  be  taken  in  open  season 56 

not  to  be  taken  by  device 56 

not  to  be  taken  while  in  water 56 

may  be  taken  by  Commission  to  restock  parks 56 

when  may  be  transported 57 

not  to  be  hunted  with  dogs 58 

when  possession  by  common  carrier  unlawful 57 

when  common  carrier  may  accept  for  transportation .  57 

when  transported,  to  be  accompanied  by  owner. ...  57 

number  to  be  transported  by  non-resident 75-77 

no  open  season  on  Long  Island  for  certain  period  .  .  .  108 

Deer  parks,  wholly  enclosed,  open  season  for  deer  in 55-56 

Defacement  of  signs,  penalty  for 19 

Definitions,  of  words  and  phrases  in  article  on  marine 

fisheries 114-115 

of  words  and  phrases 137-139 

Delaware  river,  law  as  to  eel  weirs  in 83 

law  as  to  nets  in 95 

Delaware  county,  restrictions  as  to  fires 50 

law  as  to  taking  certain  fish  in 98 

Deputy  commissioner,  appointment  of 5 

salary  of 5 

duties  of 5 

bond  of 5 

oath  of 5 

Deputy  superintendent  of  marine  fisheries IIG 

powers  of 116 

salary  of 116 

bond  of 116 


Index,  211 

Page. 

Disposal  of  game  and  fish  seized 7 

Digest  of  Forest,  Fish  and  Game  Law 7-8 

Division  chief  protectors,  number  of 8 

designated  by  Commissioner 8 

salary  of 10 

Dog  fish,  law  as  to  taking,  in  Delaware  and  Sullivan 

counties 100 

Dogs  to  be  killed 58 

not  to  be  harbored  in  camps 58 

Domestic  fowl,  plumage  of,  may  be  possessed  and  sold. . .  139 

Domestic  pigeons,  plumage  of,  may  be  possessed  and  sold.  139 

Ducks,  open  season  for 62 

when  may  be  sold,  if  taken  without  the  State 62-63 

bond  to  be  given 62-63 

provisions  of 50 

possession  of,  presumptive  evidence  that  they  were  ' 

taken  within  State,  when 63 

penalty  for  violation  of  provisions  of  bonds 64 

not  to  be  taken  in  night  time 62 

manner  of  killing 64 

open  season  for  on  Long  Island 108 

manner  of  hunting  in  certain  places 109 

Dutchess  county,  open  season  for  deer  in 53 

no  open  season  for  quail  in,  until  1913 66 

no  open  season  for  grouse  in,  until  1913 66 

when  pheasants  may  be  taken  in 68 

law  as  to  taking  suckers  in 102 

when  woodcock  may  be  taken  and  possessed  in 66 

Duties  of  Commissioner 6 

superintendent  of  marine  fisheries 118 

of  Forest  Purchasing  Board 31 

of  superintendent  of  fires .  .  . , , 44-46 

E. 

Bel  pots,  law  as  to  use  of , .  83-84 

may  be  used  in  Otsego  lake 98 

license  to  use,  must  be  obtained 84 

Eel  weirs,  law  as  to  use  of 83-84 

license  to  use,  must  be  obtained 84 

Elk,  no  open  season  for 58 

may  be  acqtiired  by  Commission 59 


212  Index, 

Page. 
English  pheasants  (see  pheasants) 67 

when  may  be  taken  on  Robins  and  Gardiners  Islands.      1 10 
not  to  be  taken  in  Richmond  county  prior  to  1914.  .        69 

English  snipe,  open  season  for 67 

Erie  county,  open  season  for  pheasants  in 67-68 

when   cock  or   male   pheasants   may   be   taken   or 


Essex  county,  game  protector  in 8 

restrictions  as  to  fires 50 

law  as  to  taking  certain  fish 100 

open  season  for  deer  in 58 

open  season  for  trout  in 77 

European  grey-legged  partridge,  no  open  season  for 65 

Explosives,  prohibited 88 

effect  of  possession  of 88 

Extehsion  of  close  seasons 101 


F. 

Fall  creek,  Ithaca,  extension  of  close  season  in 101 

Fallows,  law  as  to  burning  of ,  50 

Fire  district.^ 43-44 

to  be  laid  out  by  Commissioner 43 

Fire  inspectors,  Commissioner  may  appoint 41 

salary  of 41 

duties  of 41 

not  to  compromise  or  settle  any  violation 11 

out  of  court 11 

without  order  of  Commissioner .  .  . 11 

violation  of,  a  misdemeanor 11 

Fire  patrol 43-44 

cost  of,  a  State  charge 47 

to  make  report  to  Commissioner 43 

account  of  cost  of  to  be  kept  by  Commissioner 42 

cost  to  be  paid  by  railroads 42-43 

when  permission  of  for  fires  to  clear  land  required ...  50 

by  railroads,  in  forest  preserve  counties 42 

on  railroads,  to  be  transported  without  charge 42 

when  Commissioner  to  maintain 42 

system,  rules  and  regulations  for,  to  be  made  by 

Commissioner 43 


Index.  21^3 

Page. 

Fire  patrolmen,  duties  of 45-46 

supplies  for 45 

compensation  of 46 

penalty  for  failure  to  perform  duty 47 

to  make  report 46 

not  to  compromise  or  settle  any  violation 11 

out  of  court 11 

without  order  of  Commissioner 11 

violation  of,  a  misdemeanor 11 

roster  of 194-201 

Fire  Superintendents,  appointment  of. 43 

duties  of .,.»...... 44-45 

salary  of 43-44 

not  to  compromise  or  settle  any  violation 11 

out  of  court 11 

without  order  of  Commissioner. 11 

violation  of,  a  misdemeanor H. 

to  make  report 46 

roster  of 194-201 

Fires,  for  the  burning  of  fallows 50 

Fires  to  clear  land,  restrictions  on 50 

where  restriction  applies 51 

Fires,  rules  and  regulations  to  prevent 172-173 

who  may  be  summoned  to  fight. 45-46 

penalty  for  refusal  to  obey  summons. 46 

when  expense  of  may  be  recovered .        52 

when  an  act  of  setting,  is  punishable  according  to 

provisions  of  penal  code 51 

when  negligence  in  connection  with,  is  punishable 

according  to  provisions  of  penal  code 51 

when  damages  by,  may  be  recovered 51-52 

penalty  for  destruction  of  trees  by , 51-52 

circumstances  under  which  prima  facie  evidence  of 

negligence  is  established ^^ 

to  clear  land,  application  of  section  permitting 50 

Fish,  manner  of  taking 85 

disturbance  of,  prohibited. 86 

not  to  be  taken  by  drawing  off  water 87-88 

not  to  be  taken  by  explosives 8$ 

may  be  transported  if  taken  within  State 71 

when  transported  how  to  be  marked 71 

may  be  transported  when  taken  or  produced  without 
State,  when. 71 


214  Index, 

Fish  —  continued:  Page. 

land  may  be  acquired  for  propagation  of 88 

local  provisions 93-94 

may  be  taken  by  Commissioner  with  nets 106 

possession  of,  defined 139 

bond  for  possession  of 139-140 

Fish  culturist,  appointment  and  salary  of 5 

Fish  eggs,  Commissioner  may  purchase 106 

Fish  roe,  Commissioner  may  purchase 106 

Fish  seized,  disposal  of : 7 

Fisheries  protectors 118 

compensation  of 119 

bonds  of 118 

to  destroy  nets 119-120 

Fishing  through  ice,  in  waters  inhabited  by  trout,  pro- 
hibited          80 

Fishing  in  Otsego  lake 97 

Fishways,  fishing  in  prohibited 83 

in  dams  on  order  of  the  Commissioner 104 

in  Franklin  county 105 

in  Saint  Lawrence  county 105 

Foremen  of  hatcheries 193 

Forests,  Assistant  Superintendent  of 6 

Forest  fires,  rules  to  prevent 26 

prohibited 51-53 

penalty  for  in  certain  cases 61-52 

proceeds  of  actions  for 53 

rules  and  regulations  to  prevent 172-173 

Forest,  Fish,  and  Game  Commission 4 

Forest,  Fish,  and  Game  Law,  compilation  and  digest  of . .  7 

construction  of 140 

compromise  or  settlement  of,  violation  of,  a  mis- 
demeanor          11 

Forest  Preserve,  what  constitutes 21 

counties  defined 139 

Commissioner  to  have  supervision  of 26 

trespass  on 29 

requirements  of  railroads  in 48 

Foxest  products,  statistics  of 55 

Forest  Purchasing  Board,  Commissioners  to  be  desig- 
nated by  Governor 30 

powers  of 30 

duties  of 31 


Index.  215 

Forest  Purchasing  Board  —  continued:  Page. 

may  appropriate  land 31 

to  adjust  claims  for  trespass 36-37 

to  appoint  appraisers 38 

to  fix  compensation  of  employees 38 

to  perfect  title  to  lands 38-39 

limitations  on  power  to  appropriate  land 40-41 

Foresters,  to  report  trespass  in  Forest  Preserve 29 

Forestry,  information  on 26 

Forgery,  to  alter  hunting  license 73 

Franklin  county,  game  protector  in 8 

restrictions  as  to  fires 51 

open  season  for  deer  in 56 

open  season  for  trout  in 77 

fishways  in 105 

Frostfish,  larv  as  to  taking  with  nets 85 

Fulton  county,  open  season  for  deer  in 56 

open  season  for  hares  and  rabbits 59 

restrictions  as  to  fires 50-51 

when  pheasants  may  be  taken  in 67-68 

open  season  for  trout  in 77 

O. 

Game  seized,  disposal  of 7 

Game  not  to  be  transported  without  State 71 

possession  of,  defined 139 

bond  for  possession  of 139-140 

Game  and  bird  refuge,  how  formed 18 

commissioner  may  regulate  taking  of  birds  on 18-19 

prohibition  or  regulation  not  to  exceed  10  years. .  . .  18-19 

copy  of  prohibition  or  regulation  to  be  filed 19 

copies  to  be  posted 19 

violation  of  prohibition  or  regulation  a  misdemeanor.  19 
penalty  for  violation 19 

Game  protectors,  appointment  of 8 

bond  of 9 

compensation  of 9 

powers  and  duties  of 10 

roster  of 191-194 

to  make  reports \ 11 

to  report  trespass  in  Forest  Preserve 29 

may  be  detailed  to  act  as  fire  patrols 42 

to  kill  dogs  in  certain  cases 58 


2i6  Index. 


Game  protectors — continued:  Page. 

may  destroy  nets  unlawfully  used 90-91 

not  to  compromise  or  settle  any  violation 11 

out  of  court 11 

without  order  of  Commissioner 11 

violation  of,  a  misdemeanor 11 

to  act  as  patrols  when  detailed  by  Commissioner. .  .        42 

Gallinule,  open  season  for 67 

open  season  for,  on  Long  Island 109 

Garbage  not  to  be  thrown  in  Long  Island  Sound 126 

Gardiners  Island,  law  as  to 110 

English  pheasants,  when  may  be  taken  on 110 

Geese,  open  season  for 62 

not  to  be  taken  in  night  time 62 

manner  of  killing 64 

open  season  for,  on  Long  Island 108 

possession  of,  presumptive  evidence  that  they  were 

taken  within  State,  when 63 

.  manner  of  hunting  in  certain  places 109 

when  may  be  sold,  if  taken  without  the  State 62 

bond  to  be  given 62-63 

provisions  of 63 

penalty  for  violation  of  provisions  of  bond .        64 

Gender,  under  marine  fisheries  article,  defined 115 

Gender,  to  be  disregarded,  when 138 

General  secretary.  Commissioner  to  appoint 6 

Genesee  county,  open  season  for  pheasants  in. 68 

when  cock  or  male  pheasants  may  be  taken  or  pos- 
sessed         68 

Genesee  river,  open  season  for  trout  in 77-78 

Governor,  to  designate  members  of  Forest  Purchasing 

Board 30 

acqtiisition  of  land  on  consent  of .30-31 

when  may  make  proclamation  prohibiting  taking  of 

fish  and  game .  :  . 63-54 

"   contentsot  proclamation 54 

when  may  extend  time  for  taking  fish,  fowl,  birds 

or  quadrupeds. 54 

Gray  squirrels,  open  season  for. 59 

Greene  county,  restrictions  as  to  fires 50-51 

Grouse,  open  season  for 65 

no  open  season  for,  in  Dutchess  county  until  1913.  .        66 
number  to  be  taken  in  an  open  season 65 


Index.  21 J 

Grouse  —  continued:  Page. 

number  to  be  taken  in  one  day. 65 

taken  in  State,  not  to  be  bought  or  sold 65 

possession  of,  presumptive  evidence 65-66 

from  without  State,  when  to  be  bought  or  sold.  ...        65 

bond  to  buy  and  sell 65 

law  as  to  transportation  of 67 

effect  of  possession  of,  by  common  carrier 67 

when  to  be  sold  and  possessed 66 

not  to  be  taken  by  net,  trap,  or  snare 69-70 

open  season  for,  on  Long  Island 109 

defined. 137 

Guffins  bay,  part  of  Saint  Lawrence  Reservation 25 

H. 

Hamilton  county,  game  protector  in 8 

restrictions  on  fires  to  clear  land 60-51 

open  season  for  deer  in 55-56 

open  season  for  trout  in 77 

Hares,  open  season  for 59 

number  allowed  to  be  taken 59 

open  season  in  Fulton  county 59 

when  may  be  taken  to  prevent  injury  to  property..        69 

open  season  for,  on  Long  Island 108 

Harlem  river,  nets  in,  prohibited 96 

close  season  for  oysters  in 123 

Hatcheries,  land  may  be  appropriated  for 88 

Hatchery  foremen,  roster  of 193 

Hemlock  lake,  carp  not  to  be  placed  or  used  in 86 

Henderson  bay,  part  of  Saint  Lawrence  Reservation. ...        25 

Herkimer  county,  game  protector  in 8 

restrictions  as  to  fires 50-51 

open  season  for  deer  in 55-56 

open  season  for  trout  in 77 

Homing  pigeons,  when  not  to  be  taken  or  interfered  with.       68 

Hooking,  when  and  where  fish  may  be  taken  by 99-100 

defined 139 

Hounding,  prohibited 58 

Hudson  river,  law  as  to  nets  in. 96-96 

oysters  not  to  be  replanted  from 123 

Hungarian   partridges,   not   to   be   taken   in   Richmond 

county  prior  to  1914 69 

no  open  season  for 65 

Hunting  license,  see  License . . 71-75 


ai8  Index. 

I,  Page. 

Inclosed,  defined 13S 

Information  for  campers 184 

Imprisonment,  not  to  satisfy  judgment 15 

Inspectors,  to  report  trespass  in  Forest  Preserve 29 

Inspection  of  oyster  beds 130 

Interest,  not  payable  when  timber  is  reserved 37 

Islands,  what,  are  part  of  Saint  Lawrence  Reservation . .  25-26 

J. 

Jack  rabbits,  no  close  season  for 59 

Jacksnipe,  open  season  for 67 

open  season  for,  on  Long  Island 109 

Jail  liberties,  person  imprisoned  not  admitted  to 14 

Jamaica  bay,  game  protectors  for 9 

Jamaica  bay  protectors,  compensation  of 10 

Jamaica  bay  and   adjacent   waters,   law   as  to   taking 

fish  in 110-111 

Jefferson  county,  game  protector  in 8 

open  season  for  deer  in .^.  . .  55-56 

Joinder  of  action,  for  penalty  and  damages  for  trespass . .  29 

Jones  Inlet  and  adjacent  waters,  law  as  to  nets  in. .... .  112 

Judgments,  how  enforced 14 

for  certain  violations,  how  enforced 133 

for  damages  for  land  appropriated,  what  to  provide 

in  certain  cases 39 

Jtmsdiction,  of  courts  in  criminal  prosecutions 15 

of  Court  of  Claims 33 

K. 

Keuka  lake,  carp  not  to  be  placed  or  used  in 86 

when  lake  trout  may  be  taken  in 78-79 

Kildeer,  open  season  for,  on  Long  Island 109 

Kings  county,  application  of  law  to 108 

L. 

Labor,  price  to  be  paid  for  fighting  fires 47 

Lacey  Act,  the 167-171 

Lake  Champlain,  regulations  as  to  taking  fish  in 87 

Lake  Erie,  open  season  for  lake  trout  and  white  fish  in. .       78 

law  as  to  nets  in 94 

Lake  Keuka,  open  season  for  lake  trout  in 78-79 

law  as  to  taking  fish  in * 99-100 


Index.  219 

Page. 
Lake  Ontario,  open  season  for  lake  trout  and  whitefish  in.       78 

law  as  to  nets  in 94 

Lake  trout,  not  to  be  disturbed  while  spawning 78 

open  season  for 78 

taken  without  the  Str.te,  when  may  be  possessed 

and  sold 79 

when  may  be  taken  in  Skaneateles  and  Keuka  lakes .  78-79 

length  of,  which  may  be  taken 78-79 

law  as  to  transportation  of 79 

not  to  be  taken  for  stocking 80 

may  be  placed  in  Adirondack  region 80 

open  season  for,  on  Long  Island 110 

defined 137 

Lands,  not  to  be  sold  on  partition 28 

Land  appraisers,  to  report  trespass  in  Forest  Preserve . .       29 

Land  turtles,  taking,  killing  and  selling  prohibited 60 

Leases,  for  cultivation  of  shellfish 120-122 

for  cultivation  of  shellfish,  manner  of  letting 120 

for  cultivation  of  shellfish,  renewal  of 120-121 

for  cultivation  of  shellfish,  collection  of  rent  for. . . .      122 

for  shellfish  culture  to  be  recorded  and  fees  for 135 

Legislature,  report  to 7 

Lewis  country,  game  protector  in 8 

restrictions  as  to  fires 50-51 

open  season  for  deer  in 55-56 

Levy,  of  tax  on  shellfish  property 128-129 

License,  for  taking  minnows  for  bait 84-85 

License,  by  non-resident  to  take  fish 102 

to  take  sturgeon  by  set  lines  and  trap  lines 85 

for  vessels, engaged  in  fishing 135-136 

for  vessels  engaged  in  fishing,  amount  of 135-136 

License  for  hunting 71-75 

application  for 72 

where  procured 72 

fees  for 72 

fees  for,  when  and  where  remitted 72 

to  be  signed  by  licensee 73 

what  acts  permitted  under 73 

altering  of,  constitutes  forgery 73 

prosecution  of  violation  as  to 73-74 

only  one  deer  to  be  transported  by  non-resident 

under 74 

duty  of  county  clerks  as  to  returns  for 75 


220  Index, 

License  for  hunting  —  continued:  Page. 

county  clerk  to  be  reimbursed  for  expenses 75 

duty  of  city  and  town  clerks  as  to  returns  for 75 

Licenses,  rules  and  regulations  for  nets 185-190 

Liens  on  land  appropriated,  to  be  provided  for  in  judg- 
ments on  claims  therefor 39-40 

Limitations  on  taking  real  property 40-41 

Livingston  county,  when  pheasants  may  be  taken  in ... .  67-68 

open  season  for  trout  in 77 

Lobsters,  required  length  of 125 

Long  Island  sound,  application  of  law  to 108 

Long  Island,  application  of  article  on 108 

no  open  season  for  deer  on,  for  certain  period 108 

open  season  for  ducks  on 108 

open  season  for  hares  on 108 

open  season  for  rabbits  on 108 

open  season  for  swan  on 108 

open  season  for  wild  fowl  on 108 

open  season  for  squirrels  on ^ 108 

open  season  for  grouse  on 109 

open  season  for  curlew  on 109 

open  season  for  gallinule  on 109 

open  season  for  jacksnipe  on " 109 

open  season  for  kildeer  on 109 

open  season  for  meadow  hens  on 109 

open  season  for  mud  hens  on 109 

open  season  for  plover  on 109 

open  season  for  quail  on 109 

open  season  for  ringnecks  on 109 

open  season  for  oxeyes  on , 109 

open  season  for  surf  snipe  on 109 

open  season  for  trout  on 110 

open  season  for  winter  snipe  on 109 

open  season  for  willett  snipe  on 109 

open  season  for  wilsons  snipe  on 109 

open  season  for  woodcock  on 109 

open  season  for  yellow  legs  on -  109 

open  season  for  black  bass  on 110 

open  season  for  lake  trout  on 110 

open  season  for  rainbow  trout  on 110 

Long  Island  sound,  garbage  not  to  be  thrown  in 126 

Ixjpping  of  limbs  of  Coniferous  trees 37 


Index.  2  21 

M.  Page. 

Marine  fisheries,  defined 114 

bureau  of 115 

Martin,  open  season  for 60 

Maskalonge,  open  season  for 82 

required  length  of 82 

when  may  be  taken  in  Cattaraugus  county 98 

when  may  be  taken  in  Chautauqua  county 98 

Meadow  hens,  open  season  for,  on  Long  Island 109 

Mink,  open  season  for , 60 

Minnows,  law  as  to  taking  for  bait .  . 84-85 

license  for  taking  for  bait 84-85 

when  may  be  taken  by  nets,  without  license 85 

Misdemeanor,  punishment  of 15 

compromise  or  settlement  of  violation  of  Forest, 
Fish  and  Game  Law  by  game  protectors,  fire 
superintendents,    fire    patrolmen    or    inspectors, 

constitutes 11 

punishment  of  for  certain  violations 134 

Missisquoi  bay,  transportation  of  fish  caught  in,   pro- 
hibited    103 

Mongolian  ring-necked  pheasants  (see  pheasants) 67 

Monroe  county,  when  pheasants  may  be  taken  in 67-68 

Mudhen,  open  season  for 67 

open  season  for,  on  Long  Island 109 

Municipality  may  recover  money  expended  for  fighting 

fires 52 

Muskrat,  open  season  for 60 

houses,  not  to  be  injured  or  destroyed 60 

N. 

Nassau  county,  application  of  law  to 108 

supervisors  may  pass  fish  and  shellfish  regulations. .      112 

Nassau  lake,  carp  not  to  be  placed  or  used  in 86 

Nests,  of  wild  birds,  with  certain  exceptions,  not  to  be 

destroyed  or  robbed 69 

Net  licenses,  rules  and  regulations  for 185-190 

Nets,  not  to  be  used  for  taking  birds 69-70 

requirements  as  to  meshes  of 85 

what  fish  may  be  taken  with 85 

to  be  licensed 86 

rules  for,  filed  in  Secretary  of  State's  office 86 

to  be  destroyed 90-91 


222  Index, 

Nets  —  continued:  Page. 

expenses  of  seizure,  county  charge 91 

in  lakes  Ontario  and  Erie 94 

in  Chaumont  bay  and  adjacent  waters.  .  .' 94-95 

in  Hudson  and  Delaware  rivers  and  adjacent  waters. 95-96 
prohibited  in  Harlem  river  and  adjacent  waters. ...        96 

in  Seneca  lake 96-97 

when  and  where  may  be  used  in  Cayuga  lake 96-97 

for  taking  minnows,  when  not  to  be  licensed 85 

fish  may  be  taken  by  Commissioner  with 108 

law  as  to  use  in  Jones  inlet  and  adjacent  waters..  .  .      112 

to  be  destroyed  by  fisheries  protectors 119-120 

New  York  office  and  clerical  force 117 

Niagara  county,  open  season  for  pheasants  in 67-68 

when  cock  or  male  pheasants  may  be  taken  or  pos- 
sessed          68 

Niagara  river,  law  as  to  taking  fish  in 93-94 

Niagara  county,  no  open  season  for  squirrels  in 59 

Non-resident,  hunting  license  for 72 

how  liable  for  violation  of  certain  provisions 75 

law  as  to  taking  fish  by 102 

fishing  license 102 

Notices,  for  establishment  of  private  parks 17 

how  served  on  appropriation  of  land 40 

service  of,  on  appropriation  of  hatchery  land 89 

of  construction  of  dam 104 

Number,  under  marine  fisheries  article,  when  to  be  dis- 
regarded      115 

O. 

Oath  of  Commissioner  and  Deputy  Commissioner 5 

Oatka  creek,  open  season  for  trout  in  town  of  Gaines- 
ville, Wyoming  county 77-78 

Obstruction  of  streams,  prohibited 88 

Office  of  Commission 5 

Oil  Creek  reservoir,  law  as  to  taking  fish  from 101 

Oneida  county,  open  season  for  deer  in 55-56 

restrictions  as  to  fires 50-51 

Ontario  county,  when  pheasants  may  be  taken  in 67-68 

Ontario,  lake,  portion  of,  in  Saint  Lawrence  Reservation. 25-26 

Open  season,  defined 138 

Orange  county,  open  season  for  deer  in  Deer  park 56 

open  season  for  lake  trout  in 78 


Index.  223 

Page. 

Orange  lake,  law  as  to  taking  black  bass  in 81 

Orleans  county,  when  pheasants  may  be  taken  in 67-68 

Oswego  county,  open  season  for  pheasants  in 67-68 

when   cock  or   male   pheasants   may  be   taken  or 

possessed 68 

Otsego  lake,  law  as  to  fishing  in 97 

Otsego  bass  may  be  taken  in,  how  and  when 97 

possession  of,  presumptive  evidence 97 

eel  pots  may  be  used  in 98 

Owasco  lake,  open  season  for  lake  trout  in 79 

Owner  of  land  taken,  may  reserve  timber 33-C4 

Oxeyes,  open  season  for  on  Long  Island 109 

Oyster  beds,  protected 123-124 

inspection  of 130-131 

Oysters,  close  season  for  in  Harlem  river 123 

not  to  be  taken  from  Hudson  river  for  replanting.  .      123 

when  not  to  be  taken  from  South  bay 123 

law  as  to  taking  about  Staten  Island 124 

P. 

Parks,  Commissioner  to  lay  out  roads  and  paths  in 26 

wholly  enclosed  deer,  open  season  in .55-56 

Partitition  of  lands,  actions  for 28 

Patrolmen,  roster  of  fire 194 ,  201 

Partridge,  no  open  season  for  Hungarian  or  European 

grey  legged 65 

Penalty  for  trespass  on  Forest  Preserve 29 

Penalties,  for  destruction  of  trees  by  fire 50-51 

for  violation  of  article  VI  (quadrupeds) 60-61 

for  violation  of  Article  VII  (birds) 75 

tor    violation    of   Article    VIII    (fish,    general    pro- 
visions)  91-92 

for  violation  of  Article  IX  (fish,  local  provisions) .  .  103-104 

for  violation  of  Article  X  (fishways,  etc.) 106-107 

for  violation  of  Article  XI  (Long  Island  Law).  .  .112-113 

for  violation  of  certain  provisions 126-127 

Prosecutions  for  violations  of  certain  provisions 132 

Perch,  manner  of  taking .,        83 

law  as  to  taking  with  nets •     85 

as  to  taking  in  Saratoga  county 101 

Persons,  under  marine  fisheries  defined 115 

subject  to  supervision  of  Public  Service  Commission  .        49 


2  24  Index, 

Page. 

Pheasants,  no  open  season  for,  except  in  certain  counties, 

prior  to  1914 67-68 

when  and  where  the  cock  or  male  may  be  taken  and 

possessed 68 

not  to  be  sold  or  offered  for  sale 68 

number  allowed  to  be  killed,  taken  or  possessed ....  68 

when  may  be  possessed  for  consumption 68 

open  season  in  1914 68 

English,  where  may  be  taken 110 

when  may  be  taken 110 

Pheasant,  defined 138 

Pickerel,  open  season  for . 81-82 

taken   without   the   State,   when   may  be   sold   or 

possessed 82 

when  may  be  taken  through  ice 83 

length  and  number  to  be  taken  in  Saint  Lawrence 

river 101 

defined 137 

Pigeons,  when  not  to  be  taken  or  interfered  with 6  8 

Pike,  open  season  for 81-82 

taken  from  without  the  State,  when  may  be  sold  or 

possessed 82 

when  may  be  taken  through  ice 83 

defined 137 

Plover,  open  season  for 67 

open  season  for  on  Long  Island 109 

Plumage,  of  certain  birds,  not  to  be  possessed  for  sale  69 

not  to  be  sold 69 

what  plumage  includes 139 

applies  to  birds  coming  from  without  the  State ....  139 

not  to  be  construed  to  apply  to  certain  birds 139 

Pollution,  law  as  to 87 

Pollution  of  shellfish  waters,  prohibited 126 

Possession  of  deer  or  venison,  when  lawful 57 

Possession  defined 139 

Possession  of  fish  and  game,  bond  for 139-140 

Posting  of  notices,  to  establish  private  parks 17 

Powers  of  Commissioner 26-28 

of  Public  Service  Commission 49 

over  railroad  companies 49 

over  persons 49 

over  any  companies 49 


Index.  225 

Page. 

Private  lands,  protection  of 18 

fish  and  game  protected  on 18 

Private  parks,  laying  out 16-17 

posting  and  publication  of  notices  for 16-17 

fish  and  game  protected  on 18 

Private  person,  may  bring  action 14 

Private  society,  may  bring  action 14 

Proceeds  of  actions,  where  payable 13 

Proclamation  of  Governor,  prohibiting  the  taking  ot  fish, 

fowl,  birds  or  game 53-54 

contents  of 54 

to  be  published 54 

penalty  for  violation  of 54 

Protectors,  appointment  of 8 

Civil  Service  examinations  for .' 9 

confined  to  counties 9 

compensation  of 9 

roster  of 191-193 

to  make  report 11 

to  report  trespass  in  Forest  Preserve 29 

may  be  detailed  to  act  as  fire  patrols 42 

to  kill  dogs  in  certain  cases 58 

may  destroy  nets  unlawfully  used 90-91 

Publication  of  notices,  to  establish  private  park 16 

Public  Service  Commission,  supervision  of  railroads  in 

Forest  Preserve 49 

supervision  of  persons 49 

supervision  of  any  companies 49 

Pximpkin  Seeds,  law  as  to  taking  with  nets , .  85 

Punishment,  on  conviction  of  misdemeanor 15 

Purchases  in  Adirondack  Park 30 

Putnam  county,  open  season  for  grouse  in 65 

open  season  for  quail  in 64 

small-mouth  black  bass,  length  of,  which  may  be 

taken  in 81 

Q. 

Quail,  open  season  for 64 

no  open  season  for,  in  Dutchess  county  until  1913. .  66 

number  to  be  taken  in  open  season 64 

number  to  be  taken  in  one  day 64 

taken  in  State,  not  to  be  bought  or  sold 65 


226  Index. 

Quail — Continued:  Page. 

possession  of  is  presumptive  evidence  of  taking  in 

State 65-66 

from  without  State,  when  to  be  bought  or  sold.  ...  65 

bond  to  buy  and  sell 65 

when  to  be  sold  and  possessed 66 

law  as  to  transportation  of 67 

effect  of  possession  of  by  common  carrier 67 

not  to  be  taken  by  net,  trap,  or  snare 69-70 

not  to  be  taken  in  Richmond  county  prior  to  1914.  .  69 

open  season  for  on  Long  Island 109 

when    may    be    taken    on    Robbms    and    Gardiners 

Islands 110 

Queens  county,  application  of  law  to 108 

supervisors  may  pass  fish  and  shellfish  regulations  112 

R. 

Rabbits,  open  season  for 59 

open  season  for,  in  Fulton  county 59 

bred  in  captivity,  no  close  season  for 59 

number  allowed  to  be  taken .  - 59 

when  may  be  taken  to  prevent  injury  to  property. . .  59 

open  season  on  Long  Island 108 

Rail ,  open  season  for 67 

Railroad  Companies,  to  pay  cost  of  fire  patrol 42-43 

to  transport  without  charge  fire  patrol 42 

in  Forest  Preserve  counties,  to  maintain  fire  patrol. .  42 

Railroads,  in  forest  lands,  requirements  of 48 

subject  to  supervision  of  Public  Service  Commission .  49 

Rainbow  Trout,  open  season  for  on  Long  Island 110 

Raritan  Bay,  law  as  to  taking  fish  in 96 

Refuge,  see  Game  and  Bird  Refuge 18 

Regulations,  as  to  cutting  reserved  timber 37 

Records  and  reports  of  game  protectors 11 

Report,  of  Chief  Game  Protector 11 

Reports,  of  protectors 11 

Reports,  of  special  game  protectors 12 

Reports,  of  fire  patrols  of  railroads 43 

Report  of  fire  patrol,  to  be  made  to  Commissioner 43 

contents  of >■ ^ 

to  be  verified ^ 

penalty  for  failure  to  make 43 

Reports,  superintendent  of  marine  fisheries  to  make.  ...  118 


Index,  227 

Page. 
Reservation,  Saint  Lawrence,  what  constitutes. ....... .25-26 

Reservation  of  timber,  restricted 34-35 

no  damages  for  land  taken  when 35 

Residents,  only  may  take  shellfish 125 

Richmond  county,  no  open  season  for  squirrels  in 59 

open  season  for  lake  trout  in 78 

law  as  to  taking  fish  in 96 

quail  not  to  be  taken  in  prior  to  1914 69 

English  pheasants  not  to  be  taken  in  prior  to  1914 .  .        69 
Hungarian  partridges  not  to  be  taken  in  prior  to  1914       69 

Ringnecks,  open  season  for  on  Long  Island 109 

Roads,  commissioner  to  lay  out 26 

Robbins  Island,  law  as  to 110 

when  English  pheasants  may  be  taken  on 110 

Rockland  county,  open  season  for  grouse  in 65 

open  season  for  quail  in 65 

open  season  for  lake  trout  in 78 

Rondout  creek,  law  as  to  nets  in 96 

Roster  of  protectors 191-192 

Roster  of  hatchery  foremen 193 

Roster  of  fire  superintendents  and  fire  patrols 194-201 

Rules,  to  prevent  forest  fires 172-173 

for  net  licenses 185-190 

S. 

Sable,  open  season  for 60 

Saint  Lawrence  county,  game  protector  in 8 

restrictions  as  to  fires 50-51 

open  season  for  deer  in 55-56 

open  season  for  trout  in 77 

fishways,  in ; 105 

Saint  Lawrence  Reservation,  what  constitutes 25-26 

Saint  Lawrence  river,  game  protector  for 8 

law  as  to  taking  black  bass  in 81 

required  length  of  pickerel  taken  from,  . 101 

number  of  pickerel  to  be  taken  in  one  day 101 

Sanitary  inspection 130-13 1 

Saratoga  county,  restrictions  as  to  fires 50-51 

law  as  to  taking  certain  fish  in 101 

open  season  for  deer  in 65-5 3 

open  season  for  trout  in 77 


228  Index, 

Page. 
Scientific  purposes,  birds,  nests  and  eggs,  may  be  col- 
lected for 70 

Search,  without  warrant,  protectors  to 10 

Search  warrant,  when  required  by  protector 11 

when  issued 15 

when  issued  under  shellfish  provisions 134 

Secretary,  confidential,  Commissioner  to  appoint 6 

general,  Commissioner  to  appoint 6 

Secretary  of  State's  office,  rules  for  use  of  nets  filed  in. . .        86 

Seizure  of  nets,  county  to  pay  expenses  of 91 

Seneca  county,  open  season  for  pheasants  in 67-68 

when  cock  or  male   pheasants   may  be   taken  or 

possessed 68 

Seneca  lake,  law  as  to  nets  in 96 

when  and  what  fish  may  be  taken  by  spearing  in. . .        99 

Set  lines,  when  and  where  fish  may  be  taken  by 100-101 

Service  of  notice,  on  appropriation  of  land 40 

on  appropriation  of  hatchery  land 89 

Shellfish 123 

cultivation  of 120-122 

leases  for  cultivation  of 120-122 

residents  only  may  take 125 

dredging  and  raking  for  shellfish 1 24 

sale  prohibited  unless  sanitary  conditions  certified  .131-132 

judgments  for  violations,  how  enforced 133 

Shellfisheries,  sanitary  inspection  of 130-131 

Shellfisheries  office,  to  transfer  records  of 116-117 

Shellfish  leases,  to  be  recorded  and  fees  for 135 

Shellfish  property,  owners  to  make  statement  of 127 

assessment  of 127-128 

tax  on 128-129 

collection  of  tax  on 129 

Shellfish  violations,  criminal  jurisdiction  of  courts  for.  133-134 

pxmishment  for  misdemeanor 134 

witnesses  not  excused  from  testifying  on 134 

Shellfish  waters,  pollution  of 126 

Sheriffs,  powers  of 12 

to  have  powers  of  fisheries  proteeton 119 

Short  title 4 

Signs,  not  to  be  defaced 19 

Silver  lake,  extension  of  close  season  in 101 

Skaneateles  lake,  when  lake  trout  may  be  taken  in 79 


Index.  229 

Page. 
Skin  of  certain  birds,  not  to  be  possessed  for  sale,  not  to 

be  sold 69 

Skunk,  open  season  for 60 

when  may  be  killed 60 

Snares,  not  to  be  used  for  taking  birds 69 

South  bay,  when  oysters  may  be  taken  from 123 

Spearing,  when  and  where  fish  may  be  taken  by 98-100 

when  and  what  fish  may  be  taken  by,  in  Seneca  lake  .  99 

Special  fisheries  protectors 119 

Special  Game  Protectors,  appointment  of 12 

powers  of 12 

report  of 12 

compensation  of 12 

compensation  in  trespass  action 29 

not  to  compromise  or  settle  any  violation 11 

out  of  court 11 

without  order  of  Commissioner 11 

violation  of,  a  misdemeanor 11 

Spring  brook,  open  season  for  trout  in 77-78 

Squirrels,  open  season  for 59 

no  open  season  for,  in  Richmond  county 59 

no  open  season  for,  in  Niagara  county 59 

when  may  be  possessed , ,  59 

when  may  be  sold 59 

open  season  on  Long  Island 108 

State,  to  pay  one-half  of  fire  fighting  expense 47 

may  recover  money  expended  for  fighting  fires 52 

State  Commissioner  of  Health,  to  designate  sanitary  in- 
spectors   131 

State  Engineer  and  Surveyor,  to  make  description  of  land 

appropriated 31-32 

to  make  description  of  land  and  water  appropriated .  88-89 

State  fish  hatcheries,  pollution  of  waters  of,  prohibited. .  87 

Staten  Island,  law  as  to  taking  oysters  about 124 

law  as  to  taking  clams  about 124 

Statistics  of  forest  products 55 

Statutes,  repealed  by  this  chapter 140-163 

Streams,  pollution  of,  prohibited 87 

not  to  be  obstructed 88 

Striped  bass,  law  as  to 82 

Sturgeon   required  length  of 82 

law  as  to  taking  with  nets 85 

when  may  be  taken  by  set  lines  and  trap  lines 85 


230  Index. 

Page. 

Suckers,  law  as  to  taking  with  nets 85 

law  as  to  taking  suckers  in  Dutchess  county 102 

in  Delaware  and  Sullivan  counties 100 

Suffolk  county,  when  pheasants  may  be  taken  in 67-68 

application  of  law  to 108 

supervisors  may  pass  fish  and  shellfish  regulations. .      112 

Sullivan  county,  restrictions  as  to  fires 60-51 

law  as  to  taking  certain  fish  in 98-100 

open  season  for  deer  in 55-56 

open  season  for  lake  trout  in 78 

Sunfish,  manner  of  taking 83 

law  as  to  taking  with  nets 85 

Superintendent,  under  marine  fisheries,  article  defined.  .      115 

Superintendent  of  Forests,  Commissioner  to  appoint ....  6 

assistant 6 

to  make  report  of  statistics  of  forest  products 55 

duties  of 6 

reports  of  trespass  to 29 

Superintendent  of  fires,  appointment  of 43-44 

salary  of 43-44 

duties  of 44-46 

when  permission  of,  for  fires  to  clear  land,  required .  .        50 

to  make  report ; 46 

to  create  patrol  districts 45 

when  to  employ  fire  patrolmen 45 

roster  of 194-201 

Superintendent  of  marine  fisheries 115-116 

salary  of 116 

bond  of 116 

duties  of 118 

report  of 118 

to  collect  rent  of  leases 122 

to  decide  controversies  under  leases 123 

Supervisor  in  every  town  to  be  member  of  fire  patrol ....        44 

duties  of,  in  relation  to  forest  fires 44 

when  permission  of,  for  fires  to  clear  land  required. .        50 

Supervisors  of  Nassau  county,  may  pass  fish  and  shellfish 

regulations 112 

Supervisors  of  Queens  county,  may  pass  fish  and  shellfish 

regulations 112 

Supervisors  of  Suffolk  county,  may  pass  fish  and  shellfish 

regulations 112 


Index.  231 

Pagb. 

Surfbirds,  open  season  for 67 

Surf  snipe,  open  season  for,  on  Long  Island 109 

Susquehanna  river,  law  as  to  eel  weirs  in 83-84 

Swan ,  open  seasan  for 62 

manner  of  killing 64 

not  to  be  taken  in  night  time 62 

open  season  for,  on  Long  Island 108 

manner  of  hunting  in  certain  places 109 

when  may  be  sold,  if  taken  without  the  State 62 

bond  to  be  given 62 

provisions  of 63 

penalty  for  violations  of  provisions  of  bond  64 
possession  of,  presumptive  evidence  that  they  were 

taken  within  State,  when 63 

T. 

Taking,  under  marine  fisheries  article,  defined 115 

Taking,  defined 137 

Tax,  levy  and  payment  on,  shellfish  property 128-129 

collection  of,  on  shellfish  property 12C-130 

Term  of  Commissioner 4 

Thumping,  defined  and  prohibited 86 

Timber,  may  be  reserved  by  owner  of  land  taken 34-35 

when  reserved,  no  damages  for  land  taken 35 

regulations  as  to  cutting,  when  reserved 35 

Timber  reservation  restricted 34 

Tioga  county,  open  season  for  trout  in 77 

Tip-ups,  what  fish  may  be  taken  with 83 

number  to  be  operated  by  one  person 83 

Title  of  law 4 

Title  to  lands,  to  be  perfected .38-39 

action  to  perfect  State's  title  or  record  title 27 

to  be  brought  by  Commissioner 27 

Town  board,  may  request  close  season  in  town 105 

member  of,  to  act  in  absence  of  supervisor 44 

Towns,  may  request  close  season  through  town  board.. .  105 

to  pay  one-half  fire  fighting  expense 47 

Transportation,  of  deer  and  venison,  when  lawful 57 

of  game 67 

of  quail 67 

of  woodcock,  when  permitted 67 

without  State,  of  birds  and  game  prohibited 71 


232  Index. 

Transportation — Continued :  P  AOB. 

of  birds  and  game  in  unmarked  package,  prohibited.  71 
not  to  apply  to  fish  taken  or  produced  without 

the  State,  when 71 

of  trout  and  lake  trout,  law  as  to 79 

of  fish  from  Province  ot  Quebec 103 

of  game,  United  States  Statute,  regulating 167-171 

Traps,  not  to  be  used  for  taking  birds 69 

Trees,  branches  of,  when  to  be  lopped 37 

penalty  for  failure  to  lop  tops 37 

failure  to  lop  tops  a  misdemeanor 37 

penalty  for  destruction  of,  by  fire 51-52 

Trespass,  damages  for,  on  private  lands 18 

adjustment  of  claims  for 36 

defined 138 

Trespass  on  Forest  Preserve 29 

arrest  for 29 

penalty  for 29 

when  misdemeanor 29 

when  felony 29 

Trout,  open  season  for 77 

open  season  for  in  Oatka  creek,  town  of  Gainesville, 

Wyoming  county /77-78 

open  season  for  in  Cattaraugus  creek  and  Catta- 
raugus and  Chautauqua  counties 77 

length  of,  which  may  be  taken 78 

not  to  be  disturbed  while  spawning 78 

taken  in  this  State  not  to  be  sold 78 

law  as  to  private  hatcheries 78 

angling  only  permitted  in  water  inhabited  by 78 

not  to  be  taken  for  stocking 80 

may  be  taken  for  propagation 80 

may  be  placed  in  Adirondack  region 80 

open  season  for  on  Long  Island 110 

defined ^ 137 

V. 

Ulster  county,  restrictions  as  to  fires 50-51 

open  season  for  lake  trout  in 78 

open  season  for  deer  in 56 

United    States    Statute,    regulating    transportation    of 

game 167-  171 


Index,  233 

V.  Page 

Venison,  when  may  be  possessed 57 

when  may  be  transported 57 

when  common  carrier  may  accept  for  transportation .       57 

when  possession  by  common  carrier  unlawful 57 

Vessels,  engaged  in  fishing,  to  be  licensed 135-136 

W. 

Wappinger  creek,  law  as  to  nets  in 96 

Warrants,  when  drawn  by  Comptroller  for  land  appro- 
priated         36 

Warren  county,  same  protector  in 8 

restrictions  as  to  fires 50-51 

open  season  for  deer  in .'55-56 

open  season  for  trout  in 77 

law  as  to  taking  fish  in  certain  waters  in 100-101 

Washington  county,  game  protector  in 8 

restrictions  as  to  fires 50-51 

law  as  to  taking  certain  fish  in 100-101 

open  season  for  deer  in 55-56 

open  season  for  trout  in 77 

Water,  drawing  off  forbidden 87-88 

Water  chicken,  open  season  for 67 

Wayne  county,  when  pheasants  may  be  taken  in 67-68 

Weavers'  lake,  set  lines,  tip-ups  and  spearing,  prohibited 

in 102-103 

Westchester  county,  no  open  season  for  grouse  in 65 

open  season  for  quail  in 65 

law  as  to  taking  game  in 70 

open  season  for  lake  trout  in 78 

Whitefish,  open  season  for 78-79 

taken  without  the  State,  when  may  be  possessed 

or  sold 79 

when  not  to  be  taken  or  possessed 79 

law  as  to  taking  with  nets •  • 85 

Wild.birds,  with  certain  exceptions,  protected 69 

nests  of,  not  to  be  destroyed  or  robbed 69 

Wild  fowl,  open  season  for , 62 

open  season  for  on  Long  Island 108 

Wild  moose,  may  be  acquired  by  Commission 59 

no  open  season  for 58 

Willett  snipe,  open  season  for  on  Long  Island 109 


234  Index. 


Page. 

Wilson  snipe,  open  season  for 67 

open  season  for  on  Long  Island 109 

Winter  snipe,  open  season  for  on  Long  Island 109 

Witnesses,  not  excused  from  testifying 16 

immunity  for  testifying 16 

not  excused  from  testifying  on  shellfish  violations .  .  134 

Woodcock,  open  season  for 64 

number  to  be  taken  in  open  season. 64 

number  to  be  taken  in  one  day 64 

taken  in  State,  not  to  be  bought  or  sold 65 

without  State,  when  to  be  bought  or  sold 65 

possession  of,  presumptive  evidence 65-66 

bdnd  to  buy  and  sell 65 

law  as  to  transportation  of 67 

effect  of  possession  of  by  common  carrier 67 

when  to  be  sold  and  possessed 66 

open  season  for  on  Long  Island 109 

when    may   be   taken    on    Robbins   and    Gardiners 

Islands 110 

when  may  be  taken  or  possessed  in  Dutchess  county.  66 

Wood  duck,  no  open  season  for 62 

Wood  turtles,  taking,  killing  and  selling  prohibited 60 

Wyoming  county,  open  season  for  trout  in 77 

open  season  for  pheasants  in 67-68 

when    cock  or   male    pheasants    may   be   taken   or 

possessed 68 

y. 

Yates  county,  open  season  for  pheasants  in 67-68 

when   cock  or   male    pheasants    may   be   taken   or 

possessed 68 

Yellow  bass,  when  may  be  taken  in  Cattaraugus  county.  98 

when  may  be  taken  in  Chautauqua  county 98 

Yellow  legs,  open  season  for 67 

open  season  for  on  Long  Island 109 

Young's  lake,  set  lines,  tip-ups  and  spearing,  prohibited 

in 102 


YA  02275 


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